ORDERS:
ORDER OF DISMISSAL DUE TO LACK OF JURISDICTION
Grievance No. KER 0704-00
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, William McKinnedy, #256024, (McKinnedy) asserts he was
wrongly convicted in a minor disciplinary hearing. The punishment did not
result in the loss of good time credits. Thus, the challenge here is not
to the calculation of a sentence, sentence-related credits, or custody
status. Further, McKinnedy's disciplinary hearing did not result in the
loss of a created liberty interest. 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: September 24, 2001
Columbia, South Carolina |