Holsey v. Inmate Grievance Commission

Morton, J., delivered the opinion of the Court. Under date of November 23, 1981, Aaron Holsey’s previously filed inmate grievance was dismissed by the Inmate Grievance Commission (hereinafter Commission) for lack of merit. Holsey thereafter filed in the Baltimore City Court a petition for review of the Commission’s decision. After a hearing before Judge Robert I. H. Hammerman, sitting without a jury, the decision of the Commission was affirmed. ³²¹ Holsey’s application for leave to appeal the decision of Judge Hammerman to this Court was granted in an order signed by Chief Judge Gilbert on June 15,1982, and the case was transferred to the regular docket.

The order further directed the appellant, Holsey, to notify the court’s stenographer within ten days to prepare the stenographic transcript of the June 2, 1982, proceedings before Judge Hammerman in the Baltimore City Court, Maryland Rule 1026 a. 2, and upon the filing thereof be made a part of the record in this appeal. The order further provided that the brief of the appellant be filed by July 26,1982, with the brief of the appellee, Inmate Grievance Commission, to be filed within thirty days after the filing of appellant’s brief (Maryland Rule 1030 a. 2.). Because the appellant Holsey has failed to comply with the mandate contained in the order of June 15, 1982, of this Court and the Maryland Rules of Procedure, his appeal must be dismissed. Maryland Rule 1035.

The purported brief filed by the appellant in this Court was received in our clerk’s office on July 28,1982, which was beyond the period specified in the order of June 15, 1982. In violation of Maryland Rule 1030 only one copy was submitted, and the copy was handwritten in violation of Maryland Rule 1031. These violations alone would be sufficient grounds