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:
Kenneth E. Heyward #251582 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Kenneth E. Heyward #251582

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00402-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Pursuant to ALJD Rule TR63 (1999), Appellant was required to file an appellate brief with the Administrative Law Judge Division and serve all parties "within twenty (20) days after the date of receipt of the Record of Appeal." The Record on Appeal was filed on August 22, 2000. Appellant failed to file a brief within twenty days. Therefore, pursuant to ALJD Rule T65, this matter is hereby dismissed. ALJD Rule T65 (1999) provides:

Dismissal of Appeal for Failure to Comply with the Rules. Upon motion of any party, or on its own motion, an Administrative Law Judge may dismiss an appeal for failure to comply with any of the rules of procedure for appeals, including the failure to comply with any of the time limits provided by this section (VI).



By virtue of request for an appeal, appellant has an obligation to advance a position. This tribunal apprised Appellant by letter dated September 18, 2000, that his brief was past due and gave Appellant additional time to file. Appellant has been unresponsive to all communications. Appellant been given abundant opportunity to comply. "There is a limit beyond which the court should not allow a litigant to consume the time of the court . . . ." Georganne Apparel, Inc. v. Todd, 303 S.C. 87, 92, 399 S.E.2d 16, 19 (Ct. App. 1990).

IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with prejudice.



AND IT IS SO ORDERED.



________________________________

JOHN D. GEATHERS

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211



October 3, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court