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 |