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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Christopher Odom, #251692 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Christopher Odom, #251692

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00663-AP

APPEARANCES:
n/a
 

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.



__________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge

August 10, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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