South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Billy Lisenby, Jr., # 200273 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Billy Lisenby, Jr., # 200273

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
00-ALJ-04-01170-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Introduction

This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Billy Lisenby, an inmate incarcerated with the Department of Corrections ("Department") since 1995. In his appeal, Lisenby complains that his repeated requests for a shoe insert had been denied. For the reasons that follow, Lisenby's appeal must be dismissed for lack of subject matter jurisdiction.

Analysis

On September 5, 2001, the Administrative Law Judge Division (ALJD) issued an En Banc Order in McNeil v. South Carolina Department of Corrections, 00-ALJ-04-00336-AP (September 5, 2001). The decision holds that the ALJD's appellate jurisdiction in inmate appeals is limited to two types of cases: (1) cases in which an inmate contends that prison officials have erroneously calculated his sentence, sentence-related credits, or custody status; and (2) cases in which DOC has taken an inmate's created liberty interest as punishment in a major disciplinary hearing.

In this case, Lisenby asserts the Department failed to provide a medically necessary shoe insert. Such is not a challenge to the calculation of a sentence, sentence-related credits, or custody status. Nor is Lisenby the object of punishment in a major disciplinary hearing in the instant case. Accordingly, no jurisdiction exists in the ALJD to decide this matter.

IT IS THEREFORE ORDERED that Lisenby's appeal must be dismissed for lack of subject matter jurisdiction.

AND IT IS SO ORDERED.



______________________________

C. DUKES SCOTT

Administrative Law Judge

Post Office Box 11667

Columbia, South Carolina 29211-1667





October 16, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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