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Cleveland v. S.C. Dep't of Corr.

STATE OF SOUTH CAROLINA In The Court of Appeals
Dec 7, 2016
Appellate Case No. 2015-000183 (S.C. Ct. App. Dec. 7, 2016)

Opinion

Appellate Case No. 2015-000183 Unpublished Opinion No. 2016-UP-506

12-07-2016

George Cleveland, III, #35770, v. South Carolina Department of Corrections, Respondent.

George Cleveland, III, pro se. Christina Catoe Bigelow, of the South Carolina Department of Corrections, 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 The Administrative Law Court Carolyn C. Matthews, Administrative Law Judge

AFFIRMED

George Cleveland, III, pro se. Christina Catoe Bigelow, of the South Carolina Department of Corrections, of Columbia, for Respondent. PER CURIAM : Affirmed pursuant to Rule 220(b), SCACR, and the following authorities: Sullivan v. S.C. Dep't of Corr., 355 S.C. 437, 443, 586 S.E.2d 124, 127 (2003) (finding the only way the ALC can obtain subject matter jurisdiction over an inmate's grievance is when it "implicates a [state-created] liberty interest sufficient to trigger procedural due process guarantees"); Howard v. S.C. Dep't of Corr., 399 S.C. 618, 629, 733 S.E.2d 211, 217 (2012) ("[A]n inmate's loss of the opportunity to earn sentence-related credits does not implicate a state-created liberty interest."); id. ("[T]here is a difference between an inmate's forfeiture of accrued sentence-related credits versus the withholding of unearned, potentially available sentence-related credits. Clearly, an inmate does not acquire an interest in sentence-related credits until he or she earns them."); Slezak v. S.C. Dep't of Corr., 361 S.C. 327, 331, 605 S.E.2d 506, 508 (2004) ("[T]he [ALC] is not required to hold a hearing in every matter. Summary dismissal may be appropriate where the inmate's grievance does not implicate a state-created liberty or property interest."). AFFIRMED. WILLIAMS, THOMAS, and GEATHERS, JJ., concur.

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


Summaries of

Cleveland v. S.C. Dep't of Corr.

STATE OF SOUTH CAROLINA In The Court of Appeals
Dec 7, 2016
Appellate Case No. 2015-000183 (S.C. Ct. App. Dec. 7, 2016)
Case details for

Cleveland v. S.C. Dep't of Corr.

Case Details

Full title:George Cleveland, III, #35770, v. South Carolina Department of…

Court:STATE OF SOUTH CAROLINA In The Court of Appeals

Date published: Dec 7, 2016

Citations

Appellate Case No. 2015-000183 (S.C. Ct. App. Dec. 7, 2016)