ORDERS:
ORDER OF DISMISSAL DUE TO LACK OF JURISDICTION
Grievance No. MCI 0426-00
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, John Chappell, #241099 (Chappell) asserts that DOC employees were deliberately indifferent to his serious medical needs. Such is not a challenge to the
calculation of a sentence, sentence-related credits, or custody status. Also, Chappell 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 |