McFadden v. SCDPPS

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.

THE STATE OF SOUTH CAROLINA

In The Court of Appeals

Emmanuel
McFadden, Appellant,

v.

South Carolina
Department of Probation, Parole and Pardon Services, Respondent.

Appeal from the Administrative Law Court

Deborah Brooks Durden, Administrative Law
Judge

Unpublished Opinion No. 2011-UP-552

Submitted November 1, 2011 – Filed
December 9, 2011   

VACATED AND REMANDED

Emmanuel McFadden, pro se.

Tommy Evans, Jr., of Columbia, for
Respondent.

PER CURIAM:  Emmanuel McFadden appeals the Administrative Law Court's (ALC) order
affirming his administrative appeal of the Department of Probation, Parole and
Pardon Services' (the Department) routine denial of his parole.  We vacate and
remand[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities:  S.C. Code
Ann. § 1-23-600(D) (Supp. 2010) (providing that the ALC "shall not hear .
. . an appeal involving the denial of parole to a potentially eligible inmate
by the Department"); Compton v. S.C. Dep't of Prob., Parole &
Pardon Servs., 385 S.C. 476, 479, 685 S.E.2d 175, 177 (2009) (holding that
an order denying parole and stating consideration of all statutory and
Department criteria is sufficient to avoid deeming an inmate effectively
ineligible for parole).  We vacate the order of the ALC and remand with
instructions to dismiss the appeal pursuant to section 1-23-600(D).

VACATED AND
REMANDED.

HUFF, PIEPER,
and LOCKEMY, JJ., concur.

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