ORDERS:
ORDER OF DISMISSAL DUE TO LACK OF JURISDICTION
Grievance No. Ker-0319-00
A threshold issue in every case is whether subject matter jurisdiction exists over the matter in question. Such issues may be
raised at any time and may be considered by the court on its own motion. See Johnson v. State, 319 S.C. 62, 459 S.E.2d
840 (1995). Here, the issue is whether jurisdiction exists in the Administrative Law Judge Division (ALJD).
The En Banc Order of McNeil v. South Carolina Department of Corrections, 00-ALJ-04-00336-AP (September 5, 2001)
holds that the ALJD's appellate jurisdiction in inmate appeals is limited to two types of cases: cases in which an inmate
contends that prison officials have erroneously calculated his sentence, sentence-related credits, or custody status; cases in
which DOC has taken an inmate's created liberty interest as punishment in a major disciplinary hearing.
In this case, Theri Taylor (Taylor) asserts he was wrongly convicted of possession of contraband. The conviction resulted in
the loss of canteen privileges, a failure to earn good time credit, and a recommendation that visitation privileges be
suspended. Such is not a challenge to the calculation of a sentence, sentence-related credits, or custody status. Also, Taylor
is not the object of punishment in a major disciplinary hearing in which he lost a liberty interest. Accordingly, no
jurisdiction exists in the ALJD to decide this matter.
THEREFORE, this matter is dismissed and the case is ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: October 1, 2001
Columbia, South Carolina |
