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 |