ORDERS:
ORDER GRANTING DISMISSAL FOR LACK OF JURISDICTION
Grievance No. BRCI-0240-00
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of "Supreme "Outspoken" 7
Allah" (Allah) for lack of jurisdiction. After reviewing the arguments, the motion to dismiss is granted.
II. Analysis
Pursuant to and as limited by Al-Shabazz v. State, 338 S.C. 354, 527 S.E.2d 742 (2000), an inmate is entitled
to a modified contested case hearing before a DOC employee when the inmate "challenges a disciplinary
outcome, calculation of sentence-related credits, custody status, or other condition of imprisonment."
Al-Shabazz v. State at 338 S.C. at 375 and 376. Al-Shabazz further explained that an ALJD appellate review
is available for inmates dissatisfied with the outcome of the modified contested case hearing. Al-Shabazz v.
State at 338 S.C. at 376 - 377. Therefore, an ALJD appellate review is available to inmates who claim the
DOC decision incorrectly decided a disciplinary outcome, a calculation of sentence-related credits, a custody
status, or a condition of imprisonment.
Allah objects to an internal record keeping method used by DOC when the record keeping system does not
impact Allah's release date or calculation of credits. Thus, this appeal challenges none of the four areas for
which a contested case is allowed and therefore the claim is not appealable under Al-Shabazz v. State, 338
S.C. 354, 527 S.E.2d 742 (2000).
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 |
