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Burns v. South Carolina Dep't of Corr.

THE STATE OF SOUTH CAROLINA In The Court of Appeals
Jan 25, 2012
Unpublished Opinion No. 2012-UP-017 (S.C. Ct. App. Jan. 25, 2012)

Opinion

2012-UP-017

01-25-2012

Alan Burns, Appellant, v. South Carolina Department of Corrections, Respondent.

Alan Burns, of North Charleston, pro se. Christopher D. Florian, of Columbia, for Respondent.


UNPUBLISHED OPINION

Submitted January 3, 2012

Appeal from the Administrative Law Court, Deborah B. Durden, Administrative Law Court Judge

Alan Burns, of North Charleston, pro se.

Christopher D. Florian, of Columbia, for Respondent.

PER CURIAM

Alan Burns appeals the Administrative Law Court's (ALC) order dismissing the Department of Corrections's inmate disciplinary action. Burns argues the ALC's action deprived him of his due process rights and contravened its own scheduling order in dismissing his appeal before he could file a reply brief. We affirm pursuant to rule 220(b)(1), SCACR, and the following authorities:

Burns raises five issues on appeal, all of which relate to the above contention. Therefore, we address the five issues as one.

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

1. As to whether the dismissal violated Burns's due process rights: Olsen v. S.C. Dep't of Health & Envtl. Control, 379 S.C. 57, 69, 663 S.E.2d 497, 503-04 (Ct. App. 2008) ("Procedural due process requirements are not technical, and no particular form of procedure is necessary. Rather, due process is flexible and calls for such procedural protections as the particular situation demands.... The fundamental requirement of due process is the opportunity to be heard at a meaningful time and in a meaningful manner." (citations and internal quotation marks omitted)).

2. As to whether the dismissal violated the ALC's order: S.C. Code Ann. § 1-23-610(B) (Supp. 2010) (permitting this court to reverse the ALC's decision only "if the substantive rights of the petitioner have been prejudiced " (emphasis added)).

AFFIRMED.

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


Summaries of

Burns v. South Carolina Dep't of Corr.

THE STATE OF SOUTH CAROLINA In The Court of Appeals
Jan 25, 2012
Unpublished Opinion No. 2012-UP-017 (S.C. Ct. App. Jan. 25, 2012)
Case details for

Burns v. South Carolina Dep't of Corr.

Case Details

Full title:Alan Burns, Appellant, v. South Carolina Department of Corrections…

Court:THE STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Jan 25, 2012

Citations

Unpublished Opinion No. 2012-UP-017 (S.C. Ct. App. Jan. 25, 2012)