South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Bernard Black vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Bernard Black

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00398-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER GRANTING DISMISSAL FOR MOOTNESS
Grievance No. RCI-0462-99

I. Introduction



South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of Bernard Black (Black) by arguing the appeal is moot. After reviewing the arguments, the motion is granted.



II. Analysis



"A case becomes moot when judgment, if rendered, will have no practical effect upon [the] existing controversy." Mathis v. South Carolina State Highway Dep't, 260 S.C. 344, 346, 195 S.E.2d 713, 715 (1973). Generally, a court will not pass on moot questions where there remains no actual controversy. Byrd v. Irmo High School, 321 S.C. 426, 431, 468 S.E.2d 861, 864 (1996).



Here, the appeal is moot. Black seeks an order restoring good time credit lost even though he has now been released from prison. Thus, restoring good time credit will have no practical effect upon the existing controversy. Mathis v. South Carolina State Highway Dep't, supra.



III. Order



The Motion to Dismiss is GRANTED and this matter is ended.

AND IT IS SO ORDERED.



____________________________

RAY N. STEVENS

Administrative Law Judge



Dated: April 30, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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