ORDERS:
ORDER OF DISMISSAL
Appellant filed his Notice of Appeal with the Administrative Law Judge Division (Division) on December
29, 2000, to challenge his conviction while incarcerated for Attempting/Conspiring to Obtain Marijuana.
This tribunal's attempt to serve the granted Motion to Enlarge Time filed by the South Carolina Department
of Corrections (Department) on Appellant at his last known address upon his release from the Department
was returned as being "no such street or number." Further, it appears that any sanction resulting from this
charge would be rendered moot by Appellant's release. The South Carolina Supreme Court has stated:
This Court will not pass on moot and academic questions or make an adjudication where there remains no
actual controversy. Wallace v. City of York, S.C., 281 S.E.2d 487 (1981). A case becomes moot when
judgment, if rendered, will have no practical legal effect upon existing controversy. This is true when some
event occurs making it impossible for reviewing Court to grant effectual relief. Such is the situation here.
Mathis v. South Carolina State Highway Dept., 260 S.C. 344, 195 S.E.2d 713 (1973).
Jones v. Dillon-Marion Human Resources Development Commission, 277 S.C. 533, 291 S.E.2d 195 (1982);
see Dodge v. Dodge, 332 S.C. 401, 505 S.E.2d 344 (Ct. App. 1998). By motion of this tribunalsua sponte,
this appeal is hereby dismissed on the ground that it has been rendered moot by Appellant's release.
IT IS THEREFORE ORDERED that the above-captioned case is hereby dismissed with prejudice.
AND IT IS SO ORDERED.
________________________________
JOHN D. GEATHERS
Administrative Law Judge
Post Office Box 11667
Columbia, South Carolina 29211
April 9, 2001
Columbia, South Carolina |
