ORDERS:
ORDER GRANTING DISMISSAL FOR MOOTNESS
Grievance No. ACI-0568-00
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of Muta Ali-Nafi (Ali-Nafi) by arguing the appeal is
moot. After reviewing the arguments, the motion to dismiss is granted.
II. Analysis
"A case becomes moot when judgment, if rendered, will have no practical effect upon [the] existing controversy." Mathis v. South
Carolina State Highway Dep't, 260 S.C. 344, 346, 195 S.E.2d 713, 715 (1973). A court will not pass on moot and academic
questions or make an adjudication where there remains no actual controversy. Byrd v. Irmo High School, 321 S.C. 426, 431, 468
S.E.2d 861, 864 (1996). Here no actual controversy remains.
Ali-Nafi seeks an order finding that DOC used an older form instead of a newer one when he was placed in Pre-Hearing Detention.
No allegation is made that the use of the older form instead of the newer form caused Ali-Nafi to suffer any harm. Thus, a decision
which decides which form should have been used amounts to answering a mere academic question.
III. Order
The Motion to Dismiss is GRANTED and this matter is ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: April 3, 2001
Columbia, South Carolina |
