South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
Daniel Jones, #130817 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Daniel Jones, #130817

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
01-ALJ-04-00415-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

Introduction

This matter comes before the Administrative Law Judge Division ("Division") pursuant to the appeal of Daniel Jones, an inmate incarcerated with the Department of Corrections ("Department") since 1985. In his appeal, Jones, a diabetic, complains that the Department refused to permit him to eat after taking his insulin. On September 24, 2001, the Department filed a Motion to Dismiss on the ground that the Division is without jurisdiction to hear Jones' appeal. On October 8, 2001, Jones filed a Motion for Judgement by Default, in which he alleged that the Department failed to file the Record in accordance with the Rules. (1) For the reasons that follow, Jones' appeal is dismissed for lack of subject matter jurisdiction.

Analysis

On September 5, 2001, the Administrative Law Judge Division (ALJD) 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 ALJD'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 DOC has

taken an inmate's created liberty interest as punishment in a major disciplinary hearing.

In this case, Jones asserts that he was not permitted to eat after taking insulin. Such is not a challenge to the calculation of a sentence, sentence-related credits, or custody status. Nor is Jones 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 Jones' appeal must be dismissed for lack of subject matter jurisdiction.

AND IT IS SO ORDERED.



______________________________

C. DUKES SCOTT

ADMINISTRATIVE LAW JUDGE



October 12, 2001

Columbia, South Carolina

1. Jones is inaccurate. On September 24, the Department filed the Record and its Motion to Dismiss for lack of jurisdiction together.


Brown Bldg.

 

 

 

 

 

Copyright © 2024 South Carolina Administrative Law Court