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. |