South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Arif Abdul Rashid, #200744 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Arif Abdul Rashid, #200744

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00314-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Introduction

This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Arif Abdul Rashid, an inmate incarcerated with the Department of Corrections ("Department") since 1993. In his appeal, Rashid complains that he is being discriminated against by the Department because of his religion. 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 he, as a practicing muslim, has been discriminated against by Department employees, including being denied the opportunity to pray with other muslims. 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





October 16, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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