PARTIES:
Appellant:
Ahmad Clarence Garland
Respondent:
Benjamin Montgomery, Deputy Director of Operations of South Carolina Department of Corrections; Geraldine D. Miro, Warden; Ann Hallman, Inmate Grievance Coordinator; S. Singleton, DHO and Lieut.; Rita Breenken, Teacher (All @ Allendale Correctional Inst.) |
ORDERS:
DENIAL OF REQUEST TO REOPEN
Grievance No. ACI-1402-99
I. Introduction
An order of September 25, 2000 dismissed this matter for lack of jurisdiction since Ahmad Clarence Garland
(Garland) had received a final South Carolina Department of Corrections (DOC) decision issued prior to
February 14, 2000, the jurisdictional date for appealing to the Administrative Law Judge Division. Garland
now seeks to reopen the dismissed appeal on the ground that DOC was in default prior to the dismissal. The
request to reopen is denied.
II. Analysis
A court without jurisdiction has no authority to decide matters pertaining to procedural aspects of the case.
See State v. Funderburk, 259 S.C. 256, 261, 191 S.E.2d 520, 522 (1972) ("[t]he acts of a court with respect
to a matter as to which it has no jurisdiction are void." Thus, no authority is available to find DOC in default
since no jurisdiction is present in the ALJD to decide that matter. Thus, no reopening or reconsideration can
be granted.
III. Order
The request for reconsideration or reopening is DENIED.
AND IT IS SO ORDERED
______________________________
RAY N. STEVENS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
Dated: March 14, 2001
Columbia, South Carolina |
