ORDERS:
ORDER OF DISMISSAL DUE TO LACK OF JURISDICTION
Grievance No. PCI-1357-00
A threshold issue in every case is whether subject matter jurisdiction
exists over the matter in question. Such issues may be raised at any time
and may be considered by the court on its own motion. See Johnson
v. State, 319 S.C. 62, 459 S.E.2d 840 (1995). Here, the issue is
whether jurisdiction exists in the Administrative Law Judge Division (ALJD).
The En Banc Order of McNeil v. South Carolina Department of Corrections,
00-ALJ-04-00336-AP (September 5, 2001) 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, Norman T. Dais (Dais) asserts DOC employees have failed
to provide to him a magazine to which Dais has subscribed. Such is not
a challenge to the calculation of a sentence, sentence-related credits,
or custody status. Also, Dais has not lost a created liberty interest as
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: October 8, 2001
Columbia, South Carolina |
