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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Daryl Jernigan, #115314 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Daryl Jernigan, #115314

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00458-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before me on an appeal of Appellant, Daryl Jernigan, ("Appellant"), filed with the Administrative Law Judge Division ("ALJD") on July 13, 2000.

On July 20, 2000, the ALJD issued an Order Governing Procedure which, among other things, required Appellant to file his brief on September 14, 2000.

On August 23, 2000, the Respondent filed the Record in this case.

As of September 21, 2000, Appellant had not filed his brief, and therefore was in default of the ALJD's Order Governing Procedure. Appellant also had not notified the ALJD of any extenuating circumstances regarding his failure to to comply with the Order.

By Order of September 21, 2000, Appellant was notified that his brief had not been filed and was given an extension until October 2, 2000 to do so. The order of September 21, 2000, specifically stated that "the Appellant must file his Brief on or before October 2, 2000 or this case will be dismissed."

As of October 12, 2000, Appellant's Brief has not been filed with this Division.

The Administrative Law Judge may dismiss an appeal for failure to comply with any of the time limits set forth in an appeal. ALJD Temporary Rule 65. Appellant has been afforded ample time to file his Brief.

Adequate notice was given to Appellant of the terms of the Order. Appellant was provided 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 appeal of Appellant Daryl Jernigan, Docket Number 00-ALJ-04-00458-AP, is hereby dismissed.

AND IT IS SO ORDERED.



______________________________ C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE



October 12, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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