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:
David E. Gasnell, #263096 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
David E. Gasnell, #263096

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-00791-AP

APPEARANCES:
n/a
 

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.



____________________________________

C. DUKES SCOTT

Administrative Law Judge



October 15, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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