ORDERS:
ORDER OF DISMISSAL
Grievance No. Unknown
I. Introduction
South Carolina Department of Corrections (DOC) asserts that no final decision has been entered in the
grievance filed by Mark Simril (Simril). Thus, DOC argues this matter must be dismissed as a premature
appeal. After reviewing the arguments, a dismissal without prejudice is required.
II. Analysis
A "court should not decide a controversy grounded in uncertain and contingent events that may not occur as
anticipated or may not occur at all" Thrifty Rent-A-Car Sys., Inc. v. Thrifty Auto Sales of Charleston,
Inc., 849 F. Supp. 1083, 1085-86 (D.S.C. 1991). Here, no final decision has been rendered by DOC on the
grievance filed by Simril on March 29, 2000 and thus the final conclusion of the dispute is uncertain.
Accordingly, no review can be made.
III. Order
This matter is dismissed without prejudice. When a final decision is rendered by DOC, Simril shall file his
appeal in a timely manner.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: March 21, 2001
Columbia, South Carolina |