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2011-UP-114 - Johnston v. South Carolina Department of Corrections

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 Court of Appeals

Gregory Johnston, Appellant,

v.

South Carolina Department of Corrections, Respondent.


Appeal From Administrative Law Court
 Ralph K. Anderson, III, Administrative Law Court Judge


Unpublished Opinion No.  2011-UP-114
Submitted March 1, 2011 – Filed March 22, 2011


AFFIRMED


Gregory Johnston, pro se, for Appellant.

Christopher D. Florian, of Columbia, for Respondent.

PER CURIAM:  Gregory Johnston appeals the Administrative Law Court's (ALC) order dismissing the appeal of his prison disciplinary action.  Johnston argues the ALC erred in holding substantial evidence supported the finding of the Department of Corrections that he possessed a weapon and deduction of his good time credit.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code Ann. § 1-23-610(B) (Supp. 2010) (limiting reversal of findings of fact unless "clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record"); Al-Shabazz v. State, 338 S.C. 354, 369, 379-80, 527 S.E.2d 742, 750, 755-56 (2000) (holding that the Administrative Procedure Act conforms with the minimal due process guaranteed in prison disciplinary actions involving the deduction of good time credit).

AFFIRMED.

FEW, C.J., THOMAS and KONDUROS, JJ., concur. 


[1] We decide this case without oral argument pursuant to Rule 215, SCACR.