ORDERS:
ORDER DISMISSING APPEAL
Grievance No. 222-00UY
This matter is before me on appeal of Appellant Jackie Logan, #233827, filed with the Administrative Law Judge Division ("ALJD")
on May 3, 2000. Appellant Logan appeals the Department of Corrections' ("DOC") determination that an officer did not act
improperly toward Appellant Logan. The DOC moved to dismiss Appellant's claim under S. C. Rules of Civil Procedure 12(b)(1),
lack of jurisdiction over the claim; and SCRCP 12(b)(6), failure of Appellant to allege facts sufficient to state a claim. Appellant Logan
did not respond to the motion.
The DOC filed a motion to dismiss with the ALJD June 16, 2000, and swore by affadavit that Appellant Logan was served a copy of
the motion. The ALJD issued an order on June 30, 2000, requiring a response from Appellant. Appellant Logan had fifteen days from
the date of the order to respond. Appellant Logan did not notify the ALJD of any extenuating circumstances regarding her 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, and has not notified the ALJD of any extenuating circumstances regarding
her failure to respond, I conclude that Appellant Logan 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 Jackie Logan, Docket
Number 00-ALJ-04-00170-AP, is hereby dismissed.
AND IT IS SO ORDERED.
____________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
July 27, 2000
Columbia, SC |
