ORDERS:
ORDER OF DISMISSAL
This matter is before the Administrative Law Judge Division pursuant to a Notice of Motion Request for
Judicial Administrative Review filed October 24, 2000. Bobby Horne ("Appellant") claimed he filed a
grievance with the Department of Corrections ("Department") on August 7, 2000, regarding seven day work
credits. When the Department did not respond to his grievance, he filed a second grievance on October 2,
2000. The Department returned the second grievance "unprocessed" claiming the Department "was granted a
time extension by Central Office." Appellant thereafter filed a request for judicial administrative review with
the Division.
On July 6, 2001, Appellant filed a Notice of Appeal with the Division appealing the original grievance filed
August 7, 2000. The Department apparently rendered a decision to the Step 1 Grievance Form on April 19,
2001, which Appellant received on May 1, 2001. Appellant then filed a Step 2 Grievance Form on May 2,
2001. The Department rendered a decision on June 20, 2001, which Appellant received on June 22, 2001.
Appellant thereafter filed a Notice of Appeal.
An issue is moot when a judgment on the issue will have no practical effect on an existing case or
controversy. Mathis v. South Carolina State Highway Dep't, 260 S.C. 344, 195 S.E.2d 713 (1973).
In this case, Appellant sought a final decision from the Department. Whereas the Department has rendered its
final decision, the subject of this case is rendered moot. The Notice of Appeal filed by Appellant on July 6,
2001, will be processed by the Clerk's Office and assigned a new docket number.
IT IS HEREBY ORDERED that this case is dismissed.
AND IT IS SO ORDERED.
__________________________________
MARVIN F. KITTRELL
Chief Administrative Law Judge
August 31, 2001
Columbia, South Carolina |
