ORDERS:
ORDER OF DISMISSAL
Introduction
This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Robert S. Logan,
an inmate incarcerated with the Department of Corrections ("Department") since November 11, 1987. In his appeal,
Logan complains that several threats have been made against his life. On August 21, 2000, the Department moved to
dismiss Logan's case on the ground that Logan's appeal did not constitute a substantial grievance. For reason other than
that proposed by the Department, Logan's appeal is dismissed for lack of subject matter jurisdiction.
Analysis
On September 5, 2001, the Division issued an En Banc Order in McNeil v. South Carolina Department of Corrections, 00-ALJ-04-00336-AP (September 5, 2001). The decision holds that the Division's appellate jurisdiction in inmate appeals is
limited to two types of cases: (1) cases in which an inmate contends that prison officials have erroneously calculated his
sentence, sentence-related credits, or custody status; and (2) cases in which the Department has taken an inmate's created
liberty interest as punishment in a major disciplinary hearing.
In this case, Logan asserts that several threats have been made against his life and that the Department has failed to protect
him. Such is not a challenge to the calculation of a sentence, sentence-related credits, or custody status. Nor is Logan the
object of punishment in a major disciplinary hearing in the instant case. Accordingly, no jurisdiction exists in the ALJD to
decide this matter.
IT IS THEREFORE ORDERED that Logan's appeal must be dismissed for lack of subject matter jurisdiction.
AND IT IS SO ORDERED.
______________________________
C. DUKES SCOTT
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
October 15, 2001
Columbia, South Carolina |
