South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Lumumba M. Tafari, # 165688 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Lumumba M. Tafari, # 165688

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00504-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL
Grievance No. Lieber-0030-00

This appeal is currently pending before the South Carolina Administrative Law Judge Division pursuant to Appellant's Notice of Appeal filed July 27, 2000.

A party cannot appeal a ruling unless he has been substantially aggrieved by that ruling. Bivens v. Knight, 254 S.C. 10, 173 S.E.2d 150 (1970); See also S.C. Code Ann. § 1-23-380(A) (judicial review available to parties who are aggrieved by a final decision of an agency). A party who is aggrieved is one who "is injured in a legal sense; one who has suffered an injury to person or property." Bivens, 173 S.E.2d at 152, citing Parker v. Brown, 195 S.C. 35, 10 S.E.2d 625. The word "aggrieved" refers to a substantial grievance, "a denial of some personal or property right or the imposition on a party of a burden or obligation." Id.

There is no evidence that the Appellant was substantially aggrieved by the actions of the Department in this grievance. Appellant asserts that he is being persecuted because he does not comply with the prison grooming policies because of his rastafarian religion.

I conclude that the Appellant was not substantially aggrieved by the final decision of the Department, and the Administrative Law Judge Division has no jurisdiction over this appeal pursuant to S.C. R.C.P. 12(b)(1).

IT IS THEREFORE ORDERED that this appeal is hereby DISMISSED.

AND IT IS SO ORDERED.



_____________________________________

CAROLYN C. MATTHEWS

Administrative Law Judge





August 29, 2000

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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