Opinion
2012-UP-295
05-16-2012
Larry Hendricks, Appellant, v. South Carolina Department of Corrections, Respondent.
Larry Edward Hendricks, pro se. Christopher D. Florian, of Columbia, for Respondent.
Unpublished Opinion
Submitted April 2, 2012
Appeal from the Administrative Law Court Ralph K. Anderson, III, Administrative Law Court Judge
Larry Edward Hendricks, pro se.
Christopher D. Florian, of Columbia, for Respondent.
PER CURIAM
Larry Edward Hendricks appeals the dismissal of his inmate disciplinary action by the Administrative Law Court (ALC), arguing the ALC erred in summarily dismissing his administrative appeal despite (1) a circuit court order remanding the appeal for a determination on its merits and (2) the ALC's failure to order the Department of Corrections (the Department) to make an appearance before the ALC. Moreover, Hendricks contends no substantial evidence exists to support the Department's disciplinary decision. We affirm pursuant to Rule 220(b)(1), SCACR, and the following authorities:
We decide this case without oral argument pursuant to Rule 215, SCACR.
1. As to whether the ALC erred in dismissing Hendricks's appeal on remand from the circuit court: S.C. Code Ann. § 1-23-610(B) (Supp. 2011) (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"); S.C. Code Ann. § 1-23-600(D) (Supp. 2011) ("[The ALC] shall not hear an appeal from an inmate in the custody of the Department... involving the loss of the opportunity to earn sentence-related credits.").
2. As to all other issues: Futch v. McAllister Towing of Georgetown, Inc., 335 S.C. 598, 613, 518 S.E.2d 591, 598 (1999) (holding an appellate court need not review remaining issues on appeal when its determination of a prior issue is dispositive).
AFFIRMED.
FEW, C.J., HUFF and SHORT, JJ., concur.