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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Gary L. Collier, #141409 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Gary L. Collier, #141409

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00142-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER GRANTING MOTION TO DISMISS

This matter is before the Administrative Law Judge Division ("Division") pursuant to Respondent's Motion to Dismiss and Request for Stay filed June 19, 2000. Respondent asserts Appellant never filed a grievance regarding his claims. Appellant filed a response on June 27, 2000, which included a Motion for Default Judgment. Appellant asserts his appeal should not be dismissed because it falls within the guidelines of Al-Shabazz v. State, Op. No. 24995 (S.C. Sup. Ct. filed Feb. 14, 2000) (Shearouse Adv. Sh. No. 6 at 21), because he had a case pending in circuit court as of February 14, 2000.

Appellant in fact had a case pending in circuit court. On March 16, 2000, the Richland County Court of Common Pleas remanded Appellant's case pursuant to Al-Shabazz. In a letter dated March 22, 2000, Respondent informed Appellant that the case had been remanded and instructed Appellant to file a grievance regarding the case, if he had not already done so. Appellant, however, apparently misunderstood this letter to be Respondent's final decision and filed a Notice of Appeal with the Division on April 11, 2000. In Appellant's Notice of Appeal, he states he is appealing from Respondent's final decision dated March 22, 2000, and received by Appellant on March 25, 2000.

The Division only has jurisdiction over inmate appeals as a result of the Al-Shabazz opinion. The Division, therefore, only has jurisdiction to hear non-collateral or administrative matters in post-conviction relief actions filed after February 14, 2000, in final decisions rendered by Respondent after February 14, 2000, and in cases pending in a circuit court or the South Carolina Supreme Court on February 14, 2000.

In this case, Appellant never filed a grievance with Respondent. Respondent, therefore, never issued a final decision. Because Respondent never issued a final decision in this case, the Division has no jurisdiction to hear this appeal.

IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss is granted and this appeal is dismissed without prejudice to allow Appellant to file an Inmate Grievance.

IT IS FURTHER ORDERED that Appellant's Motion for Default Judgment is denied.

AND IT IS SO ORDERED.





__________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge



July 11, 2000

Columbia, South Carolina





APPEAL RIGHTS



You are entitled to appeal this final order of the Administrative Law Judge Division by filing a petition for judicial review in circuit court and serving such petition on opposing parties within thirty (30) days after receipt of this order. S.C. Code Ann. § 1-23-610 (Supp. 1999). The petition may be filed in any circuit court as long as the chosen forum is neither arbitrary nor unreasonable, and provided that no statute controls venue in a particular type of case. The review of the administrative law judge's order must be confined to the record. The reviewing tribunal may affirm the decision or remand the case for further proceedings; or it may reverse or modify the decision if the substantive rights of the petitioner have been prejudiced because the finding, conclusion, or decision is: (a) in violation of constitutional or statutory provisions; (b) in excess of the statutory authority of the agency; (c) made upon unlawful procedure; (d) affected by other error of law; (e) clearly erroneous in view of the reliable, probative and substantial evidence on the whole record; or (f) arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.


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