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:
George Smith, #123776 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
George Smith, #123776

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00031-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER DISMISSING APPEAL

This matter is before me on appeal of Appellant, filed with the Administrative Law Judge Division ("ALJD") on April 19, 2000. The Respondent moved to dismiss Appellant's claim under S. C. Rules of Civil Procedure 12(b)(1), alleging lack of jurisdiction.



The ALJD issued an order on July 24, 2000, requiring a response from Appellant. Appellant had fifteen days from the date of the order to respond. Appellant did not notify the ALJD of any extenuating circumstances regarding his failure to respond, including any nonreceipt of the motion. Therefore, I conclude that Appellant was properly served the motion to dismiss.



The Administrative Law Judge may dismiss an appeal for failure to comply with any of the time limits set forth in an appeal. ALJDTR 65. As Appellant has been afforded ample time to respond, I conclude that Appellant failed to comply with the date set for responding to the Respondent's motion to dismiss.



IT IS THEREFORE ORDERED that Respondent's motion is granted and that the appeal of Appellant George Smith, Docket Number 00-ALJ-04-00031-AP, is hereby dismissed.



AND IT IS SO ORDERED.



____________________

C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE



August 25, 2000

Columbia, SC


Brown Bldg.

 

 

 

 

 

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