ORDERS:
ORDER GRANTING MOTION TO DISMISS
This matter is before the Administrative Law Judge Division ("Division") pursuant to Respondent's Motion to Dismiss filed August
7, 2000. Respondent argues Appellant has not exhausted his administrative remedies because he has never filed a grievance
regarding his claim.
Appellant filed a Notice of Appeal on June 23, 2000, asserting Respondent misinformed him regarding a repair service that would
honor the warranty on his typewriter. According to the Notice of Appeal, Appellant is appealing Respondent's final decision dated
May 22, 2000, and received by Appellant on May 25, 2000. Appellant attached a letter dated May 22, 2000, written by the Warden of
Lieber Correctional Institution. In the letter, the Warden indicated he was responding to Appellant's Request to Staff Member dated
April 27, 2000. It is apparent that Appellant is attempting to appeal the Warden's letter dated May 22, 2000. While the letter was a
response issued by the Warden of Lieber Correctional Institution, it does not constitute Respondent's final response as required by the
South Carolina Supreme Court in Al-Shabazz v. State, 338 S.C. 354, ___, 527 S.E.2d 742, 752 (2000) (When an inmate files a
grievance and the warden issues a decision regarding the grievance, "[t]he inmate may appeal the warden's decision to the appropriate
deputy director, inspector general, or general counsel of Department. That person's response is Department's final decision in the
matter.")
IT IS HEREBY ORDERED that Respondent's Motion to Dismiss is granted without prejudice to allow Appellant to file a
grievance within thirty (30) days of the date of this order.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
September 26, 2000
Columbia, South Carolina |
