ORDERS:
ORDER OF DISMISSAL
Introduction
The South Carolina Department
of Corrections (DOC) has filed a motion to dismiss this appeal on the ground
that the appeal of Sa'id Abdullah Rashid (Rashid) is moot. Rashid opposes
the motion and asserts that DOC failed to compensate him for its negligent
loss of his radio during a Rashid's transfer from one institution to another.
For the reasons that follow, Rashid's appeal must be dismissed for lack
of subject matter jurisdiction.
Analysis
On September 5, 2001, the
Administrative Law Judge Division (ALJD) issued an En Banc Order in McNeil
v. South Carolina Department of Corrections, 00-ALJ-04-00336-AP
(September 5, 2001). The decision holds that the ALJD's appellate
jurisdiction in inmate appeals is limited to two types of cases: (1) cases
in which an inmate contends that prison officials have erroneously calculated
his sentence, sentence-related credits, or custody status; and (2) cases
in which DOC has taken an inmate's created liberty interest as punishment
in a major disciplinary hearing.
In this case, Rashid asserts that the Department lost his radio and
did not fully compensate him for that loss. Such is not a challenge to
the calculation of a sentence, sentence-related credits, or custody status.
Nor is Rashid the object of punishment in a major disciplinary hearing
in the instant case. Accordingly, no jurisdiction exists in the ALJD to
decide this matter.
IT IS THEREFORE ORDERED that Rashid's appeal must be dismissed for lack of subject matter jurisdiction.
AND IT IS SO ORDERED.
______________________________
C.
DUKES SCOTT
Administrative
Law Judge
Post
Office Box 11667
Columbia,
South Carolina 29211-1667
Dated:
September 25, 2001
Columbia, South Carolina |
