Opinion
2012-UP-032
01-25-2012
Ernesto Ortiz, Appellant, v. South Carolina Department of Corrections, Respondent.
Ernesto Ortiz, pro se. Christopher D. Florian, of Columbia, for Respondent.
UNPUBLISHED OPINION
Submitted January 3, 2012
Appeal from the Administrative Law Court Deborah Brooks Durden, Administrative Law Court Judge.
Ernesto Ortiz, pro se.
Christopher D. Florian, of Columbia, for Respondent.
PER CURIAM
Ernesto Ortiz appeals an order of the Administrative Law Court (ALC) summarily dismissing his appeal of the South Carolina Department of Corrections' (the Department) denial of his inmate grievance. On appeal, Ortiz argues the ALC was required to rule on the merits of his appeal because a state-created property interest was at stake. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: Rule 220(c), SCACR ("The appellate court may affirm any ruling, order, decision or judgment upon any ground(s) appearing in the Record on Appeal."); Slezak v. S.C. Dep't of Corr., 361 S.C. 327, 331, 605 S.E.2d 506, 508 (2004) (explaining summary dismissal is appropriate where the appeal does not implicate an inmate's state-created liberty or property interest).
We decide this case without oral argument pursuant to Rule 215, SCACR.
We note the ALC properly dismissed Ortiz's appeal but erred by finding it did not have subject-matter jurisdiction. The ALC has jurisdiction over all inmate grievance appeals that have been properly filed but may summarily dismiss on the merits where the grievance does not implicate a state-created liberty or property interest. See Skipper v. S.C. Dep't of Corr., 370 S.C. 267, 279 n.5 633 S.E.2d 910, 917 n.5 (Ct. App. 2006) ("In light of our decision that [the inmate's] grievance did not implicate a state-created liberty interest, we find the [ALC] had jurisdiction to dismiss the appeal on the merits."). Nonetheless, because the grievance did not implicate a state-created property interest, the ALC's error does not affect the disposition of this appeal.
AFFIRMED.
FEW, C.J., THOMAS and KONDUROS, JJ., concur.