ORDERS:
ORDER GRANTING DISMISSAL FOR MOOTNESS
Grievance No. Lee-489-00
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of Robert D. Wilson, Jr.
(Wilson) by arguing the appeal is moot. After review, the motion to dismiss is granted.
II. Analysis
The issue in this motion is whether the appeal by Wilson is moot. Generally, 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, the appeal is moot since no actual controversy remains. Wilson seeks an order finding that he was
deprived of due process due to the manner in which his hearing was held before a DOC employee. DOC
now agrees with Wilson. As a result, DOC has agreed to grant a re-hearing to Wilson, and DOC will restore
240 days of lost good time. Accordingly, this matter is ended.
III. Order
The Motion to Dismiss is GRANTED since no controversy remains for decision.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: March 28, 2001
Columbia, South Carolina |
