HOWARD v. ALLEN, A18A0219. (2017)
Court: Court of Appeals of Georgia
Number: ingaco20170915215
Visitors: 10
Filed: Sep. 15, 2017
Latest Update: Sep. 15, 2017
Summary: Order Spratt Howard seeks appellate review of the trial court's order dismissing his petition for writ of mandamus and request to proceed in forma pauperis. 1 We lack jurisdiction for two reasons. First, while judgments and orders granting or refusing to grant mandamus are generally directly appealable, see OCGA 5-6-34 (a) (7), under the Prison Litigation Reform Act, any appeal in a civil case that was initiated by a prisoner must come by discretionary application. See OCGA 42-12-8; Jon
Summary: Order Spratt Howard seeks appellate review of the trial court's order dismissing his petition for writ of mandamus and request to proceed in forma pauperis. 1 We lack jurisdiction for two reasons. First, while judgments and orders granting or refusing to grant mandamus are generally directly appealable, see OCGA 5-6-34 (a) (7), under the Prison Litigation Reform Act, any appeal in a civil case that was initiated by a prisoner must come by discretionary application. See OCGA 42-12-8; Jone..
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Order
Spratt Howard seeks appellate review of the trial court's order dismissing his petition for writ of mandamus and request to proceed in forma pauperis.1 We lack jurisdiction for two reasons.
First, while judgments and orders granting or refusing to grant mandamus are generally directly appealable, see OCGA § 5-6-34 (a) (7), under the Prison Litigation Reform Act, any appeal in a civil case that was initiated by a prisoner must come by discretionary application. See OCGA § 42-12-8; Jones v. Townsend, 267 Ga. 489 (480 S.E.2d 24) (1997). Howard is thus not entitled to a direct appeal from the trial court's ruling.
Second, Howard has already filed an application for discretionary appeal from the trial court's ruling, which this Court denied on August 7, 2017. See Case Number A17D0548. Because that denial was an adjudication on the merits, the doctrine of res judicata bars this direct appeal. See Northwest Social & Civic Club, Inc. v. Franklin, 276 Ga. 859, 860 (583 S.E.2d 858) (2003); Hook v. Bergen, 286 Ga.App. 258, 260-261 (1) (649 S.E.2d 313) (2007).
For these reasons, we lack jurisdiction over this appeal, which is hereby DISMISSED.
FootNotes
1. Howard directed his notice of appeal to the Supreme Court, which transferred the matter to this Court.
Source: Leagle
