South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Timothy McFadden, #247464 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Timothy McFadden, #247464

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00704-AP

APPEARANCES:
n/a
 

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


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court