Glover v. SCDC

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

Tekoa Glover, Appellant,

v.

South Carolina Department
of Corrections, Respondent.

Appeal from the Administrative Law Court

Ralph K. Anderson, III, Administrative
Law Court Judge

Unpublished Opinion No.  2012-UP-064

Submitted January 3, 2012 – Filed February
8, 2012

AFFIRMED

Tekoa Glover, pro se.

Christopher D. Florian, of Columbia, for
Respondent.

PER CURIAM:  Tekoa
Glover appeals the dismissal of his inmate disciplinary action by the
Administrative Law Court (ALC), arguing the ALC's dismissal was premature and
thus unlawful.  We affirm[1] pursuant to Rule 220(b)(1), SCACR, and the following authorities: S.C. Code
Ann. § 1-23-610(B) (Supp. 2010) (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"); Slezak
v. S.C. Dep't of Corr., 361 S.C. 327, 331, 605 S.E.2d 506, 508 (2005) (holding
the ALC has the discretion to summarily dismiss inmate grievance appeals that
do "not implicate a state-created liberty or property interest"); Sandin
v. Conner, 515 U.S. 472, 484 (1995) ("[State-created liberty]
interests will be generally limited to freedom from restraint which . . .
imposes atypical and significant hardship on the inmate in relation to the
ordinary incidents of prison life.").[2]

AFFIRMED.

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

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

[2] To the extent Glover argues he was denied the
opportunity to earn good time credit, we find the ALC's dismissal was proper.  See S.C. Code Ann. § 1-23-600(D) ("[The ALC] shall
not hear an appeal from an inmate in the custody of the Department of
Corrections involving the loss of the opportunity to earn
sentence-related credits." (emphasis added)).