South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
James Furtick, #60646 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
James Furtick, #60646

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00322-A-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER

James Furtick ("Appellant") originally filed a Notice of Appeal with the Administrative Law Judge Division ("Division") on May 22, 2000, seeking review of the decision by the South Carolina Department of Probation, Parole and Pardon Services ("DPPPS") that Appellant is ineligible for parole.

On August 3, 2000, the undersigned issued an Order of Dismissal, finding the Division lacks subject matter jurisdiction over appeals of final decisions of DPPPS. Appellant appealed to circuit court. In an order dated September 17, 2001, and filed October 2, 2001, the Honorable Alexander S. Macaulay, Circuit Court Judge, concluded the Division has "jurisdiction to review final decisions of the South Carolina Department of Probation, Parole and Pardon Services . . . where there is a non-collateral claim effecting parole eligibility as hereinvolved" and remanded the case to the Division for review pursuant to Al-Shabazz, 338 S.C. 354, 527 S.E.2d 742 (2000). On October 31, 2001, DPPPS appealed Judge Macaulay's order to the South Carolina Court of Appeals.

ALJD Rule 31(A) provides that "[t]he decision of the administrative law judge may be appealed as provided by law." Rule 205, SCACR provides that "[u]pon the service of the notice of appeal, the appellate court shall have exclusive jurisdiction over the appeal." Pursuant to ALJD Rule 31(A) and Rule 205, SCACR, this tribunal is divested of jurisdiction to hear this appeal.







IT IS HEREBY ORDERED that this appeal must be stricken from the active docket.

AND IT IS SO ORDERED.







__________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge



November 19, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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