ORDERS:
ORDER OF DISMISSAL
Grievance No. MacD-109-00
This matter is before the Administrative Law Judge Division ("Division") pursuant to the appeal filed by
Christopher Odom ("Appellant"). On May 11, 2000, Appellant was convicted of Creating Unnecessary
Noise in violation of SCDC Disciplinary Code 3.10. As a consequence, Appellant was required to perform
twenty hours of extra duty. Appellant filed an initial grievance on May 24, 2000, and received a final
decision from the Department on August 31, 2000. Appellant filed a Notice of Appeal with the Division on
September 11, 2000.
In a Motion to Dismiss filed July 23, 2001, the Department asserted Appellant's claim was moot because he
was released from prison.
An issue is moot when a judgment on the issue will have no practical effect on an existing case or
controversy. Mathis v. South Carolina State Highway Dep't, 260 S.C. 344, 195 S.E.2d 713 (1973).
In this case, Appellant was released from prison on April 24, 2001. As a result, Appellant's claim regarding
performing twenty hours of extra duty is rendered moot.
IT IS HEREBY ORDERED that Respondent's Motion to Dismiss is granted and this appeal is dismissed
with prejudice.
AND IT IS SO ORDERED.
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MARVIN F. KITTRELL
Chief Administrative Law Judge
August 10, 2001
Columbia, South Carolina |