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.
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MARVIN F. KITTRELL
Chief Administrative Law Judge
November 19, 2001
Columbia, South Carolina |