ORDERS:
ORDER GRANTING DISMISSAL FOR MOOTNESS
Grievance No. MCI-0080-00
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of
Mark Cato (Cato) by arguing the appeal is moot. After reviewing the arguments, the
motion to dismiss is granted.
II. Analysis
The issue in this motion is whether the appeal by Cato is moot. "A case becomes moot
when judgment, if rendered, will have no practical effect upon [the] existing
controversy." Mathis v. South Carolina State Highway Dep't, 260 S.C. 344, 346, 195
S.E.2d 713, 715 (1973). The significance of a case being moot is that a court generally
will not pass on moot and academic questions or make an adjudication where there
remains no actual controversy. Byrd v. Irmo High School, 321 S.C. 426, 431, 468
S.E.2d 861, 864 (1996).
Here, the appeal is moot. Cato seeks the restoration of lost good time credits which, if restored,
will serve to lessen the length of his time to be served. However, Cato has now been released.
Thus, a judgment restoring the lost credits will have no practical effect upon the existing
controversy.
III. Order
The Motion to Dismiss is GRANTED and this matter is ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: August 17, 2001
Columbia, South Carolina |