South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Bobby Smith, #98962 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Bobby Smith, #98962

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00028-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER GRANTING MOTION TO DISMISS

This matter is currently pending before the Administrative Law Judge Division ("ALJD") pursuant to the South Carolina Department of Corrections' ("Respondent" or "Department") Motion to Dismiss filed on July 12, 2000. Respondent seeks this dismissal under Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), Rule 12(b)(1), SCRCP, for lack of jurisdiction, and Rule 12(b)(6), SCRCP, for failure of Appellant to state facts sufficient to constitute a cause of action. Respondent seeks a dismissal on the grounds that Appellant's claim is moot because the Department of Corrections ("Department") dismissed the charge against Appellant. Appellant filed a Response to Respondent's Motion to Dismiss on August 2, 2000. Appellant agreed that the Department had dismissed the charges against him. However, Appellant wanted this charge to be expunged from his record.

In the Respondent's Response to Appellant's Reply to the Motion to Dismiss, Respondent agreed to expunge Appellant's records of any mention of the December 8, 1999 conviction for Use/Possession of Marijuana.

IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss is granted.

IT IS FURTHER ORDERED that Respondent shall expunge Appellant's records of any mention of the above conviction within fifteen (15) days of the date of this Order.

AND IT IS SO ORDERED.

______________________________

C. Dukes Scott

Administrative Law Judge



September 25, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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