ORDERS:
ORDER OF DISMISSAL DUE TO LACK OF JURISDICTION
Grievance No. McCI-0322-00
On March 22, 2001, an order of the ALJ dismissed this matter due a failure
to timely file and serve the appeal. However, a Motion to Reconsider was
taken under advisement and the dismissal was suspended pending further
review. The Motion to Reconsider is denied for the reasons identified in
the Order on Reconsideration filed in Stutts vs. South Carolina Department
of Corrections, 00-ALJ-04-01085-AP (September 17, 2001).
In addition, the Motion to Reconsider is also denied due to the En Banc
order of McNeil v. South Carolina Department of Corrections,
00-ALJ-04-00336-AP (September 5, 2001). That decision is binding on all
ALJs pursuant to ALJD Rule 70F. The decision holds that the ALJD's appellate
jurisdiction in inmate appeals is limited to two types of cases: cases
in which an inmate contends that prison officials have erroneously calculated
his sentence, sentence-related credits, or custody status; cases in which
DOC has taken an inmate's created liberty interest as punishment in a major
disciplinary hearing.
In this case, Thomas M. Stutts (Stutts) asserts that an employee acted
in an unprofessional manner toward him and requests that the employee be
disciplined. Such is not a challenge to the calculation of a sentence,
sentence-related credits, or custody status. Nor is Stutts the object of
punishment in a major disciplinary hearing. Accordingly, no jurisdiction
exists in the ALJD to decide this matter.
THEREFORE, this matter is dismissed and the case is ended.
AND IT IS SO ORDERED.
RAY N. STEVENS
Administrative Law Judge
Dated: September 20, 2001
Columbia, South Carolina |
