South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
James F. McPhall, #056625 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
James F. McPhall, #056625

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
01-ALJ-04-00002-IJ

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

This matter is before the Administrative Law Judge Division pursuant to Appellant's Petition for Writ of Mandamus filed on February 2, 2001. Appellant asserts he filed a Step 1 Grievance Form on September 21, 2000, and a Step 2 Grievance Form on November 2, 2000. Appellant claims he never received a response to either grievance form. Appellant, therefore, requested the undersigned issue an order requiring the Department to respond in writing to Appellant's Step 2 Grievance Form so that he would have a final agency decision.

The Department filed a Response to Appellant's Petition for Writ of Mandamus, asserting the Department had no record of any grievances filed by Appellant in the year 2000. By order dated May 30, 2001, the undersigned required Appellant to provide copies of his Step 1 and Step 2 Grievance Forms to the Department. Appellant complied with this order on or about June 7, 2001. By order dated June 12, 2001, the undersigned required the Department to respond to Appellant's Step 2 Grievance Form. The Department filed a response to Appellant's Step 2 Grievance Form on July 9, 2001.

IT IS HEREBY ORDERED that, whereas Appellant has obtained the relief requested in the Petition for Writ of Mandamus, this matter is dismissed without prejudice. The response filed July 9, 2001, is the final decision of the Department. Appellant's Notice of Appeal filed July 31, 2001, will be assigned as a new case and processed by the Clerk's Office.

AND IT IS SO ORDERED.



__________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge

August 27, 2001

Columbia, South Carolina


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