Filed: Jul. 25, 2017
Latest Update: Jul. 25, 2017
Summary: Order Sam Daniel, Jr., an inmate, filed a mandamus petition, which the trial court dismissed on May 1, 2017. He filed this direct appeal of the dismissal on June 20, 2017. 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 4
Summary: Order Sam Daniel, Jr., an inmate, filed a mandamus petition, which the trial court dismissed on May 1, 2017. He filed this direct appeal of the dismissal on June 20, 2017. 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..
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Order
Sam Daniel, Jr., an inmate, filed a mandamus petition, which the trial court dismissed on May 1, 2017. He filed this direct appeal of the dismissal on June 20, 2017. 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).
Second, the appeal is untimely. A notice of appeal must be filed within 30 days after the entry of the trial court's order. OCGA § 5-6-38 (a). The proper and timely filing of a notice of appeal is an absolute requirement to confer jurisdiction upon this Court. Couch v. United Paperworkers Intl. Union, 224 Ga.App. 721 (482 S.E.2d 704) (1997). Here, Daniel filed his notice of appeal 50 days after the trial court's order was entered. Accordingly, the appeal is hereby DISMISSED.
