South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Mark Simril vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Mark Simril

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00598-AP

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

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