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  5. ROBERSON v. SAM OLENS ATTORNEY GENERAL OF GEORGIA DEPARTMENT OF LAW, A18D0126. (2017)

ROBERSON v. SAM OLENS ATTORNEY GENERAL OF GEORGIA DEPARTMENT OF LAW, A18D0126. (2017)

Court: Court of Appeals of Georgia Number: ingaco20171023313 Visitors: 5
Filed: Oct. 19, 2017
Latest Update: Oct. 19, 2017
Summary: Order On May 2, 2017, the trial court denied Carol Sue Roberson's request to proceed in forma pauperis on a mandamus petition. On May 30, 2017, Roberson filed an application for discretionary review, seeking to appeal the May 2 order. We denied Roberson's application in June 2017. See Carol Sue Roberson v. Sam Olens Attorney General of Georgia Department of Law, No. A17D0490 (June 22, 2017). On September 21, 2017, Roberson filed the instant application for discretionary review, again seeking
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Order

On May 2, 2017, the trial court denied Carol Sue Roberson's request to proceed in forma pauperis on a mandamus petition. On May 30, 2017, Roberson filed an application for discretionary review, seeking to appeal the May 2 order. We denied Roberson's application in June 2017. See Carol Sue Roberson v. Sam Olens Attorney General of Georgia Department of Law, No. A17D0490 (June 22, 2017). On September 21, 2017, Roberson filed the instant application for discretionary review, again seeking to appeal the May 2 order.1 We lack jurisdiction.

An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. Boyle v. State, 190 Ga.App. 734, 734 (380 S.E.2d 57) (1989). Roberson's application was untimely filed 142 days after entry of the order she seeks to appeal. Accordingly, this application is hereby DISMISSED for lack of jurisdiction.2

FootNotes


1. Because she is incarcerated, Roberson's appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq. Under OCGA § 42-12-8, "[a]ppeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35," the discretionary appeal statute.
2. Even if this application had been timely filed, Roberson's challenge to the denial of her request to proceed in forma pauperis is barred by res judicata because we rejected the same claim in her prior application. See Hook v. Bergen, 286 Ga.App. 258, 261 (1) (649 S.E.2d 313) (2007) ("[T]he denial of an application for discretionary appeal is an adjudication on the merits of the underlying order and acts as res judicata in subsequent proceedings.").
Source:  Leagle
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A18D0126.
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