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Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Jonathan Nelson, #113673 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Jonathan Nelson, #113673

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
01-ALJ-04-00063-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL
Grievance No. WRCI-256-00

This matter is before the Administrative Law Judge Division ("Division") pursuant to the appeal filed by Jonathan Nelson ("Appellant"). Appellant requested restoration of good-time credit lost prior to June 3, 1986. Appellant received a final decision from the Department on January 4, 2001, denying the request for restoration of good time credit. Appellant filed a Notice of Appeal with the Division on January 12, 2001.

In a Motion to Dismiss filed August 14, 2001, the Department asserted Appellant's claim was moot because he was released from prison.

An issue is moot when a judgment on the issue will have no practical effect on an existing case or controversy. Mathis v. South Carolina State Highway Dep't, 260 S.C. 344, 195 S.E.2d 713 (1973).

In this case, Appellant was released from prison on January 29, 2001. As a result, Appellant's claim regarding loss of good-time credit is rendered moot.

IT IS HEREBY ORDERED that Respondent's Motion to Dismiss is granted and this appeal is dismissed with prejudice.

AND IT IS SO ORDERED.





__________________________________

MARVIN F. KITTRELL

Chief Administrative Law Judge



August 15, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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