HOWARD v. DEAL, A17A1937. (2017)
Court: Court of Appeals of Georgia
Number: ingaco20170727230
Visitors: 27
Filed: Jul. 27, 2017
Latest Update: Jul. 27, 2017
Summary: Order The superior court denied Spratt Howard's application to proceed in forma pauperis in a mandamus action against Governor Nathan Deal and directed the court clerk to deny the filing of the mandamus petition. Howard filed both an application for discretionary review, Case No. A17D0445, and this direct appeal, seeking review of the same trial court order. 1 On June 7, 2017, we denied Howard's discretionary application. Because that denial was an adjudication on the merits, the doctrine of
Summary: Order The superior court denied Spratt Howard's application to proceed in forma pauperis in a mandamus action against Governor Nathan Deal and directed the court clerk to deny the filing of the mandamus petition. Howard filed both an application for discretionary review, Case No. A17D0445, and this direct appeal, seeking review of the same trial court order. 1 On June 7, 2017, we denied Howard's discretionary application. Because that denial was an adjudication on the merits, the doctrine of ..
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Order
The superior court denied Spratt Howard's application to proceed in forma pauperis in a mandamus action against Governor Nathan Deal and directed the court clerk to deny the filing of the mandamus petition. Howard filed both an application for discretionary review, Case No. A17D0445, and this direct appeal, seeking review of the same trial court order.1
On June 7, 2017, we denied Howard's discretionary application. 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). Furthermore, because Howard is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq, which requires him to comply with the discretionary appeal procedures. OCGA § 42-12-8. For these reasons, this appeal is DISMISSED.
FootNotes
1. Howard filed both his application and his direct appeal in the Georgia Supreme Court, which transferred the matters to this Court. See Case Nos. S17D1275 (decided April 10, 2017) and S17A1400 (decided May 1, 2017).
Source: Leagle
