ORDERS:
ORDER OF DISMISSAL FOR LACK OF CONTROVERSY
Grievance No. Lieber-0124-00
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of Alexander Samuel
(Samuel) by arguing no controversy remains for adjudication. After reviewing the arguments, the
motion to dismiss is granted.
II. Analysis
A court will not make an adjudication where there remains no actual controversy. Byrd v. Irmo High
School, 321 S.C. 426, 431, 468 S.E.2d 861, 864 (1996). Here, no controversy remains. DOC now
agrees with Samuel that the position below should be overturned and that Samuel's good time credit lost
as a result of this incident should be restored. Thus, no controversy remains for decision.
III. Order
The Motion to Dismiss is GRANTED and this case is ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: May 22, 2001
Columbia, South Carolina |
