ORDERS:
ORDER OF DISMISSAL
Grievance No. Lieber-0363-00
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 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 asserts the academic question of whether only the
Agency Director is entitled to remove good time credits. Ouzts fails to show an actual injury by
demonstrating he has been subjected to the issue of which he complains. Thus, the issue is not based upon
an actual controversy and 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 |