ORDERS:
ORDER OF DISMISSAL DUE TO LACK OF JURISDICTION
Grievance No. LIEBER 0816-00
A threshold issue 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, Clifton Gibbs, #208448 (Gibbs) asserts he was wrongly
convicted of failing to obey orders for which he received 20 hours of extra
duty. Such is not a challenge to the calculation of a sentence, sentence-related
credits, or custody status. Also, Gibbs has not lost a created liberty
interest as 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: October 8, 2001
Columbia, South Carolina |