ORDERS:
ORDER GRANTING DISMISSAL
Grievance No. Lieber-0364-00
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of Wiley G. Ouzts (Ouzts) by
arguing no specific injury has been alleged by Ouzts and thus he has no basis for appeal. After reviewing the
arguments, the motion to dismiss is granted.
II. Analysis
A court will not pass on academic questions or make an adjudication where there is no actual controversy.
Byrd v. Irmo High School, 321 S.C. 426, 431, 468 S.E.2d 861, 864 (1996). Here, Ouzts has not
established any action of DOC against him. Rather, Ouzts seeks to raise an academic question founded on a
theory of double jeopardy when Ouzts has failed to show he has been subjected to the double jeopardy
concern of which he complains. Thus, the issue is not based upon an actual controversy. Therefore, Ouzts
presents no appealable issue.
III. Order
The Motion to Dismiss is DENIED and this matter ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: March 30, 2001
Columbia, South Carolina |
