ORDERS:
ORDER GRANTING MOTION TO DISMISS
This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of David Gasnell, an
inmate incarcerated with the Department of Corrections ("Department") until February 7, 2001. In his appeal, Gasnell
complains that he lost good time as a result of a guilty finding in a prison disciplinary proceeding. On February 7, 2001,
Gasnell was released from custody. On July 23, 2001, the Department moved to dismiss Gasnell's appeal on the ground
that his release renders the appeal moot. An issue is moot when a "judgment, if rendered, will have no practical legal effect
upon the existing controversy." Mathis v. South Carolina State Highway Dept., 260 S.C. 344, 346, 195 S.E.2d 713, 715
(1973). Gasnell has failed to respond to the Department's motion. Accordingly, Department's Motion to Dismiss Inmate
Gasnell's appeal is GRANTED.
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C. DUKES SCOTT
Administrative Law Judge
October 15, 2001
Columbia, South Carolina |