ORDERS:
ORDER OF DISMISSAL WITHOUT PREJUDICE
Grievance No. N/A
This matter is currently pending before the Administrative Law Judge Division pursuant to the Appellant's Notice of Appeal filed with
this Court on May 26, 2000. The Appellant had a PCR action pending with the South Carolina Supreme Court that was vacated and
remanded to the Department of Corrections pursuant to Al-Shabazz v. State. The Appellant then properly filed his Step 1 grievance
form with the Respondent. The Respondent returned the Step I form to the Appellant unprocessed with instructions that he file his
Notice of Appeal with the Division. Because no Step 1 or 2 forms have been completed, no final decision was ever rendered by the
Department. According to ALJD Temporary Rule 54, the Administrative Law Judge Division only hears appeals "from final decisions
of the South Carolina Department of Corrections (DOC) pursuant to Al-Shabazz v. State." In this matter, no final decision was
rendered, so the ALJ does not have jurisdiction to hear this appeal. Therefore, it is hereby
ORDERED that this matter is DISMISSED WITHOUT PREJUDICE;
IT IS FURTHER ORDERED that the Appellant has thirty (30) days from the date of this Order to re-file his Step 1 Grievance Form
with the Department and begin the proper grievance procedures.
AND IT IS SO ORDERED.
___________________________________
CAROLYN C. MATTHEWS
Administrative Law Judge
August 30, 2000
Columbia, South Carolina |
