ORDERS:
ORDER OF DISMISSAL
Introduction
This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Timothy
McFadden, an inmate incarcerated with the Department of Corrections ("Department") until March 30, 2001. In his
appeal, McFadden complains that the Department failed to provide him adequate medical care. On July 23, 2001, the
Department moved to dismiss Johnson's case on the ground that McFadden's appeal was mooted by his release. For reason
other than that proposed by the Department, McFadden's appeal is dismissed for lack of subject matter jurisdiction.
Analysis
On September 5, 2001, the Division issued an En Banc Order in McNeil v. South Carolina Department of Corrections,
00-ALJ-04-00336-AP (September 5, 2001). The decision holds that the Division's appellate jurisdiction in inmate appeals
is limited to two types of cases: (1) cases in which an inmate contends that prison officials have erroneously calculated his
sentence, sentence-related credits, or custody status; and (2) cases in which the Department has taken an inmate's created
liberty interest as punishment in a major disciplinary hearing.
In this case, McFadden asserts that the Department failed to provide him adequate dental and medical care. Such is not a
challenge to the calculation of a sentence, sentence-related credits, or custody status. Nor is McFadden the object of
punishment in a major disciplinary hearing in the instant case. Accordingly, no jurisdiction exists in the ALJD to decide
this matter.
IT IS THEREFORE ORDERED that McFadden's appeal must be dismissed for lack of subject matter jurisdiction.
AND IT IS SO ORDERED.
______________________________
C. DUKES SCOTT
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211-1667
October 15, 2001
Columbia, South Carolina |