ORDERS:
ORDER OF DISMISSAL
Introduction
This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Jerry Henderson,
an inmate incarcerated with the Department of Corrections ("Department") since 1971. In his appeal, Henderson
complains that his inmate pay was wrongfully terminated. For the reasons that follow, Henderson'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, Henderson asserts that his inmate pay was wrongfully taken away. Such is not a challenge to the calculation of
a sentence, sentence-related credits, or custody status. Nor is Henderson 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 Henderson's appeal must be dismissed for lack of subject matter jurisdiction.
AND IT IS SO ORDERED.
______________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
October 16, 2001
Columbia, South Carolina |
