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2010-MO-011 - Cook v. SCDOC

THIS OPINION HAS NO PRECEDENTIAL VALUE.  IT SHOULD NOT BE CITED OR RELIED ON AS PRECEDENT IN ANY PROCEEDING EXCEPT AS PROVIDED BY RULE 268(d)(2), SCACR.

THE STATE OF SOUTH CAROLINA
In The Supreme Court

Carl Cook, Appellant,

v.

South Carolina Department of Corrections, Respondent.


Appeal from the Administrative Law Court
John McLeod, Administrative Law Court Judge


Memorandum Opinion No.  2010-MO-011
Submitted April 21, 2010 – Filed May 3, 2010 


AFFIRMED


Carl Cook, of Ridgeland, pro se, Appellant.

Christopher D. Florian, of S.C. Department of Corrections, of Columbia, for Respondent.


PER CURIAM:  We affirm the administrative law court's decision to dismiss Carl Cook's grievance appeal pursuant to Rule 220(b)(1), SCACR, and the following authorities:  K & A Acquisition Group, LLC v. Islande Pointe, LLC, 383 S.C. 563, 682 S.E.2d 252 (2009) (issue must be raised and ruled on below to be preserved for appeal); Metts v. Mims, 384 S.C. 491, 682 S.E.2d 813 (2009) (subject matter jurisdiction refers to the court's "power to hear and determine cases of the general class to which the proceedings in question belong"). 

AFFIRMED.

TOAL, C.J., PLEICONES, BEATTY, KITTREDGE and HEARN, JJ., concur.