ORDERS:
ORDER OF DISMISSAL
This matter is before me on appeal of Appellant Tahrim Jihad ("Appellant"), filed with the Administrative Law Judge Division
("ALJD"). The South Carolina Department of Corrections ("Respondent" or "Department") moved to dismiss Appellant's appeal
alleging lack of jurisdiction by the ALJD.
The Respondent filed its Motion to Dismiss with the ALJD on September 21, 2000, and swore by affidavit that Appellant was
served a copy of the motion. The ALJD issued an order on September 25, 2000 requiring a response from Appellant. Appellant had
fifteen days from the date of the order to respond. Appellant did not notify the ALJD of any extenuating circumstances regarding his
failure to respond, including any nonreceipt of the motion. Therefore, I conclude that Appellant was properly served the Motion to
Dismiss.
The Administrative Law Judge may dismiss an appeal for failure to comply with any of the time limits set forth in an appeal.
ALJD Temporary Rule 65. As Appellant has been afforded ample time to respond, and has not notified the ALJD of any extenuating
circumstances regarding his failure to respond, I conclude that Appellant failed to comply with the date set for responding to the
Respondent's Motion to Dismiss.
IT IS THEREFORE ORDERED that the appeal of Appellant Tahrim Jihad, Docket Number 00-ALJ-04-00576-AP, is hereby
dismissed.
AND IT IS SO ORDERED.
______________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
October 26, 2000
Columbia, South Carolina |
