Carter 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

Charles Ray
Carter, Appellant,

v.

South Carolina
Department of Corrections, Respondent.

Appeal From Richland County

 J. Michelle Childs, Circuit Court Judge

Unpublished Opinion No. 2011-UP-490

Submitted November 1, 2011 – Filed
November 3, 2011   

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[1] 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").    

AFFIRMED.

WILLIAMS and
GEATHERS, JJ., and CURETON, A.J., concur.

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