ORDERS:
ORDER OF DISMISSAL
Introduction
This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Donald
Hollabaugh, an inmate incarcerated with the Department of Corrections ("Department") since 1990. In his appeal,
Hollabaugh complains that the Department improperly used withheld a January 2000 issue of Penthouse magazine from
him. For the reasons that follow, Hollabaugh's appeal must be dismissed for lack of subject matter jurisdiction.
Analysis
On September 5, 2001, the Administrative Law Judge Division (ALJD) 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 ALJD'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 DOC
has taken an inmate's created liberty interest as punishment in a major disciplinary hearing.
In this case, Hollabaugh asserts that a Penthouse magazine was withheld from him. Such is not a challenge to the
calculation of a sentence, sentence-related credits, or custody status. Nor is Hollabaugh 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 Hollabaugh'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 |
