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2011-UP-552 - McFadden v. SCDPPS

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

Emmanuel McFadden, Appellant,

v.

South Carolina Department of Probation, Parole and Pardon Services, Respondent.


Appeal from the Administrative Law Court
Deborah Brooks Durden, Administrative Law Judge


Unpublished Opinion No. 2011-UP-552
Submitted November 1, 2011 – Filed December 9, 2011   


VACATED AND REMANDED


Emmanuel McFadden, pro se.

Tommy Evans, Jr., of Columbia, for Respondent.

PER CURIAM:  Emmanuel McFadden appeals the Administrative Law Court's (ALC) order affirming his administrative appeal of the Department of Probation, Parole and Pardon Services' (the Department) routine denial of his parole.  We vacate and remand[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  S.C. Code Ann. § 1-23-600(D) (Supp. 2010) (providing that the ALC "shall not hear . . . an appeal involving the denial of parole to a potentially eligible inmate by the Department"); Compton v. S.C. Dep't of Prob., Parole & Pardon Servs., 385 S.C. 476, 479, 685 S.E.2d 175, 177 (2009) (holding that an order denying parole and stating consideration of all statutory and Department criteria is sufficient to avoid deeming an inmate effectively ineligible for parole).  We vacate the order of the ALC and remand with instructions to dismiss the appeal pursuant to section 1-23-600(D).

VACATED AND REMANDED.

HUFF, PIEPER, and LOCKEMY, JJ., concur.


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