ORDERS:
ORDER DISMISSING APPEAL
This matter is before me on appeal of Appellant filed with the Administrative Law Judge Division ("ALJD"). The South Carolina
Department of Corrections' ("DOC") moved to dismiss Appellant's claim under S. C. Rules of Civil Procedure 12(b)(1) [lack of
jurisdiction over the claim].
The DOC filed a motion to dismiss with the ALJD and swore by affidavit that Appellant was served with a copy of the motion. The
ALJD issued an order on August 2, 2000, requiring Appellant to file a response to Respondent's motion within fifteen (15) days from
the date of the order. Appellant did not notify the ALJD of any extenuating circumstances regarding his failure to respond.
Therefore, I conclude that the Motion to Dismiss was properly served upon Appellant.
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 Simpkins failed to comply with the
date set for responding to Respondent's Motion to Dismiss.
IT IS THEREFORE ORDERED that the appeal of Appellant Wymen Simpkins, Docket Number 00-ALJ-04-00169-AP, is hereby
dismissed.
AND IT IS SO ORDERED.
_____________________________ C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
August 25, 2000
Columbia, South Carolina |
