South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Leonard McBee, #96009 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Leonard McBee, #96009

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
01-ALJ-04-00237-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL DUE TO LACK OF JURISDICTION

A threshold question 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, Leonard McBee, #96009, (McBee) asserts he was wrongly denied visitation privileges. Such is not a challenge to the calculation of a sentence, sentence-related credits, or custody status. Nor is McBee the object of 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: September 21, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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