Burns 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

Alan Burns, Appellant,

v.

South Carolina Department
of Corrections, Respondent.

Appeal from the Administrative Law Court

Deborah B. Durden, Administrative Law Court
Judge

Unpublished Opinion No.  2012-UP-017

Submitted January 3, 2012 – Filed January
25, 2012

AFFIRMED

Alan Burns, of North Charleston, pro se.

Christopher D. Florian, of Columbia, for Respondent.

PER CURIAM:  Alan
Burns appeals the Administrative Law Court's (ALC) order dismissing the
Department of Corrections's inmate disciplinary action.  Burns argues the ALC's
action deprived him of his due process rights and contravened its own
scheduling order in dismissing his appeal before he could file a reply brief.[1] 
We affirm[2] pursuant to rule 220(b)(1), SCACR, and the following authorities:

1. As to whether the
dismissal violated Burns's due process rights: Olsen v. S.C. Dep't of Health
& Envtl. Control, 379 S.C. 57, 69, 663 S.E.2d 497, 503-04 (Ct. App.
2008) ("Procedural due process requirements are not technical,
and no particular form of procedure is necessary.  Rather, due process is
flexible and calls for such procedural protections as the particular situation
demands. . . .  The fundamental requirement of due process is
the opportunity to be heard at a meaningful time and in a meaningful
manner." (citations and internal quotation marks omitted)).

2. As to whether the
dismissal violated the ALC's order: S.C.
Code Ann. § 1-23-610(B) (Supp. 2010) (permitting this court to reverse the
ALC's decision only "if the substantive rights
of the petitioner have been prejudiced" (emphasis added)).

AFFIRMED.

FEW, C.J., and
THOMAS and KONDUROS, JJ., concur.

[1] Burns raises five issues on appeal, all of which
relate to the above contention.  Therefore, we address the five issues as one.

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