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:
James L. Padgett, Jr. vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
James L. Padgett, Jr.

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00500-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER GRANTING DISMISSAL FOR MOOTNESS
Grievance No. KER-0427-99

I. Introduction



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



II. Analysis



The issue in this motion is whether the appeal by Padgett is moot. "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). The significance of a case being moot is that generally, a court will not pass on moot and academic questions or make an adjudication 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. Padgett seeks the restoration of lost good time credits which, if restored, will serve to lessen the length of his time to be served. However, Padgett has now been released. Thus, a judgment restoring the lost credits will have no practical effect upon the existing controversy.



III. Order



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

AND IT IS SO ORDERED.



____________________________

RAY N. STEVENS

Administrative Law Judge



Dated: August 17, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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