ORDERS:
ORDER GRANTING MOTION TO DISMISS
This matter comes before the Administrative Law Judge Division ("Division")
pursuant to the appeal of Willie Evans, Jr., an inmate incarcerated with
the Department of Corrections ("Department") since 1997. On March 1, 2000,
Inmate Evans pleaded guilty to Violation of Institutional Rules, SCDC Disciplinary
Code 3.15. As a result, Inmate Evans received a reprimand, had his Work
Program status reduced to Labor Crew status, and failed to earn good time
for the month of February. On March 4, 2000, Inmate Evans filed a grievance
with the Department, alleging that his punishment was excessive. The Department
denied his grievance on July 19, 2000. On February 16, 2001, Inmate Evans
was released from custody after completing his sentence.
I find that Inmate Evans' appeal is moot as a result of his release
from state custody. An issue is moot when a "judgment, if rendered, will
have no practical legal effect upon the existing controversy." Mathis
v. South Carolina State Highway Dept., 260 S.C. 344, 346, 195 S.E.2d
713, 715 (1973). Inmate Evans' appeal challenged a punishment he received
while he was incarcerated. Because Inmate Beckman has been released, no
practical legal effect will result if Inmate Beckman were to prevail in
his appeal regarding his punishment. Accordingly, Department's Motion to
Dismiss Inmate Beckman's appeal is GRANTED.
____________________________________
C. DUKES SCOTT
Administrative Law Judge
September 25, 2001
Columbia, South Carolina |
