ORDERS:
ORDER OF DISMISSAL
Introduction
This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Robert Logan, an
inmate incarcerated with the Department of Corrections ("Department") since November 11, 1987. In his appeal, Logan
complained that several Department employees had hired a hitman to harm Logan. On August 7, 2001, the Department
moved to dismiss Logan's case on the ground that Logan's appeal was mooted by transfer to another facility. For reason
other than that proposed by the Department, Logan's appeal is dismissed for lack of subject matter jurisdiction.
Analysis
On September 5, 2001, the Division 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 Division'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 the Department has taken an inmate's created
liberty interest as punishment in a major disciplinary hearing.
In this case, Logan asserts that two or more employees of the Department have made threats on his life. Such is not a
challenge to the calculation of a sentence, sentence-related credits, or custody status. Nor is Logan 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 Logan's appeal must be dismissed for lack of subject matter jurisdiction.
AND IT IS SO ORDERED.
______________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
October 15, 2001
Columbia, South Carolina |