ORDERS:
ORDER OF REMAND
This matter comes before the Administrative Law Judge Division (Division) pursuant to the appeal of O'Dinga Mack, an
inmate incarcerated with the Department of Corrections (Department).
On November 7, 2001, the Department filed the Record in this case, referencing Grievance No. KER-106-00. In addition
to the Record, the Department filed a Motion to Dismiss, stating that the Division had no jurisdiction to hear Mack's
appeal because Mack's grievance involved a minor disciplinary conviction for which he received fifteen days' cell
restrictions.
On November 14, 2001, Mack responded to the Motion to Dismiss. In his response, Mack stated that, as a result of his
conviction, he lost 90 days of good time. Mack also referred to an incident involving his alleged failure to stop beating the
cell door when ordered to do so. In contrast, the Department's motion to dismiss referred to an incident involving Mack's
refusal to obey an order to return another inmate's milk and cookies.
Upon review of all documents in the file, it is apparent that the Department's Response to Grievance No. KER-106-00 was
based on a February 4, 2000 conviction, in which Mack was convicted in a minor disciplinary hearing of SCDC Policy
2.13, Failing/Refusing to Obey an Order. Grievance No. KER-106-00 and other documents including in Mack's filing refer
to a January 11, 2000 conviction, in which Mack was convicted in a major disciplinary hearing of 2.13.
Because the Department has not rendered a final decision with respect to Mack's appeal of his January 11, 2000 conviction,
this matter is REMANDED so that the Department may do so.
.
AND IT IS SO ORDERED.
_________________________________________
C. DUKES SCOTT
ADMINISTRATIVE LAW JUDGE
November 16, 2001
Columbia, South Carolina
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