ORDERS:
ORDER OF DISMISSAL
Introduction
This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Daniel Jones, an
inmate incarcerated with the Department of Corrections ("Department") since 1995. In his appeal, Jones complains that the
Department wrongly confiscated a mirror belonging to him. For the reasons that follow, Jones' 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, Jones asserts the Department should compensate him for the loss of his mirror. Such is not a challenge to the
calculation of a sentence, sentence-related credits, or custody status. Nor is Jones 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 Jones' 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 |
