Opinion
Unpublished Opinion No. 2011-UP-490
11-03-2011
Charles Ray Carter, Appellant, v. South Carolina Department of Corrections, Respondent.
Charles Ray Carter, pro se. Daniel R. Settana, Jr. and Erin M. Farrell, both of Columbia, for Respondent.
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.
Appeal From Richland County
J. Michelle Childs, Circuit Court Judge
AFFIRMED
Charles Ray Carter, pro se.
Daniel R. Settana, Jr. and Erin M. Farrell, both of Columbia, for Respondent.
PER CURIAM : Charles Ray Carter appeals the dismissal with prejudice of his civil complaint against the Department of Corrections (the Department) for (1) violating the South Carolina Tort Claims Act, S.C. Code Ann. §§ 15-78-10 to -220 (2005), and (2) violating his rights by modifying, altering, or amending his sentence after the term of court ended, arguing the circuit court erred in granting the Department's motion for summary judgment. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities: Rule 56(c), SCRCP ("[Summary] judgment . . . shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law."); State v. Bennett, 375 S.C. 165, 174, 650 S.E.2d 490, 495 (Ct. App. 2007) ("Because the South Carolina Code of Laws is the controlling authority for classifications, definitions and penalties for criminal offenses, a statute listed on a sentencing sheet, and not a CDR code, will dictate a criminal's sentence."); S.C. Code Ann. § 15-78-100(a) (2005) (Stating all actions initiated under the S.C. Tort Claims Act must be commenced "within two years after the loss was or should have been discovered").
We decide this case without oral argument pursuant to Rule 215, SCACR.
AFFIRMED.
WILLIAMS and GEATHERS, JJ., and CURETON, A.J., concur.