ORDERS:
ORDER GRANTING DISMISSAL FOR MOOTNESS
Grievance No. Wo.CI-0305-00
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of Catherine
Cooper (Cooper) by arguing the appeal is moot. After reviewing the arguments, the motion to
dismiss is granted.
II. Analysis
The issue in this motion is whether the appeal by Cooper is moot. "A case becomes moot when
judgment, if rendered, will have no practical effect upon [the] existing controversy." Mathis v.
South Carolina State Highway Dep't, 260 S.C. 344, 346, 195 S.E.2d 713, 715 (1973). The
significance of a case being moot is that generally, a court will not pass on moot and academic
questions or 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, the appeal is moot. Cooper seeks the restoration of lost good time credits which, if
restored, will serve to lessen the length of his time to be served. However, Cooper has now been released.
Thus, a judgment restoring the lost credits will have no practical effect upon the existing controversy.
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: August 17, 2001
Columbia, South Carolina |