ORDERS:
ORDER GRANTING MOTION TO DISMISS
This matter is currently pending before the Administrative Law Judge Division (ALJD) pursuant to the South Carolina
Department of Corrections' (Respondent or Department) Motion to Dismiss filed on September 25, 2000. Respondent
seeks a dismissal on the grounds that the ALJD does not have jurisdiction to hear this appeal.
Respondent rendered a final decision on August 11, 1999, and Appellant received the decision on August 17, 1999.
Appellant thereafter appealed the decision to the ALJD on August 4, 2000. According to Al-Shabazz, the Division only
has jurisdiction to hear non-collateral or administrative matters in post-conviction relief actions filed, in final decisions
rendered by Respondent after February 14, 2000, and in cases pending in a circuit court or the South Carolina Supreme
Court on February 14, 2000, where the inmate has not had the opportunity to obtain APA review.
The Division could have jurisdiction over this particular case only if Appellant had a case pending in circuit court or in the
South Carolina Supreme Court on February 14, 2000. Appellant provided no evidence that he had a case pending in any
court as of February 14, 2000. The Division, therefore, lacks jurisdiction over this appeal.
Furthermore, Respondent asserts that Appellant's claim is moot because he was released from prison.
An issue is moot when a judgment on the issue will have no practical effect on an existing case or controversy. Mathis v.
South Carolina State Highway Dep't, 260 S.C. 344, 195 S.E.2d 713 (1973).
In this case, Appellant was released from prison on June 23, 2000. As a result, this appeal is rendered moot.
IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss is granted.
AND IT IS SO ORDERED.
______________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
February 26, 2001
Columbia, South Carolina |
