ORDERS:
ORDER GRANTING DISMISSAL FOR MOOTNESS
Grievance No. TYRCI 864-00
I. Introduction
South Carolina Department of Corrections (DOC) seeks to dismiss the appeal of Gerald Bagwell, #229766 (Bagwell) by
arguing the appeal is moot. The motion to dismiss is granted.
II. Analysis
The issue is whether Bagwell' s appeal is moot. A case is moot when judgment will have no practical effect upon the
controversy. Mathis v. South Carolina State Highway Dep't, 260 S.C. 344, 346, 195 S.E.2d 713, 715 (1973). If moot, a
court will not rule on the matter since no actual controversy remains. Byrd v. Irmo High School, 321 S.C. 426, 431, 468
S.E.2d 861, 864 (1996).
Here, the appeal is moot. Bagwell seeks an order finding that he was wrongfully disciplined and that his rights lost while at
Tyger River Correctional Institute should be reinstated. However, Bagwell has now been released. Thus, even if correct,
restoring such rights will have no practical effect upon the existing controversy. Therefore, the matter is moot.
III. Order
The Motion to Dismiss is GRANTED and this case is ended.
AND IT IS SO ORDERED.
____________________________
RAY N. STEVENS
Administrative Law Judge
Dated: October 2, 2001
Columbia, South Carolina |
