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 |