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2012-UP-064 - Glover v. SCDC

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

Tekoa Glover, Appellant,

v.

South Carolina Department of Corrections, Respondent.


Appeal from the Administrative Law Court
Ralph K. Anderson, III, Administrative Law Court Judge


Unpublished Opinion No.  2012-UP-064
Submitted January 3, 2012 – Filed February 8, 2012


AFFIRMED


Tekoa Glover, pro se.

Christopher D. Florian, of Columbia, for Respondent.

PER CURIAM:  Tekoa Glover appeals the dismissal of his inmate disciplinary action by the Administrative Law Court (ALC), arguing the ALC's dismissal was premature and thus unlawful.  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 the ALC's decision unless "in violation of constitutional or statutory provisions; . . . affected by other error of law; . . . [or] arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion"); Slezak v. S.C. Dep't of Corr., 361 S.C. 327, 331, 605 S.E.2d 506, 508 (2005) (holding the ALC has the discretion to summarily dismiss inmate grievance appeals that do "not implicate a state-created liberty or property interest"); Sandin v. Conner, 515 U.S. 472, 484 (1995) ("[State-created liberty] interests will be generally limited to freedom from restraint which . . . imposes atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life.").[2]

AFFIRMED.

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


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

[2] To the extent Glover argues he was denied the opportunity to earn good time credit, we find the ALC's dismissal was proper.  See S.C. Code Ann. § 1-23-600(D) ("[The ALC] shall not hear an appeal from an inmate in the custody of the Department of Corrections involving the loss of the opportunity to earn sentence-related credits." (emphasis added)).