ORDERS:
ORDER OF DISMISSAL
Grievance No. NCI-157-00
This matter is before the Administrative Law Judge Division ("Division") pursuant to the appeal
filed by Kenneth E. Dull ("Appellant"). Appellant is appealing his disciplinary conviction of
December 7, 2000. Appellant received a final decision from the Department on February 13,
2001, denying the request for reversal of the Disciplinary Hearing Officer's decision. Appellant
filed a Notice of Appeal with the Division on February 22, 2001.
In a Motion to Dismiss filed August 31, 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 April 19, 2001. As a result, Appellant's
claim regarding reversal of his disciplinary conviction 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
September 4, 2001
Columbia, South Carolina |
