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REAGAN v. BARNARD, A18A0360. (2017)

Court: Court of Appeals of Georgia Number: ingaco20171026219 Visitors: 11
Filed: Oct. 26, 2017
Latest Update: Oct. 26, 2017
Summary: Order In May 2016, Robert Reagan, a state prisoner, filed a petition for a writ of mandamus. The trial court dismissed Reagan's petition for failure to prosecute in May 2017. Reagan then sought appellate review of the dismissal order by filing both an application for discretionary appeal in the Supreme Court and notice of appeal to the Supreme Court, which transferred both cases to this Court. Reagan's discretionary application was docketed in this Court as Case No. A17D0505. The instant case,
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Order

In May 2016, Robert Reagan, a state prisoner, filed a petition for a writ of mandamus. The trial court dismissed Reagan's petition for failure to prosecute in May 2017. Reagan then sought appellate review of the dismissal order by filing both an application for discretionary appeal in the Supreme Court and notice of appeal to the Supreme Court, which transferred both cases to this Court. Reagan's discretionary application was docketed in this Court as Case No. A17D0505. The instant case, No. A18A0360, is Reagan's direct appeal.

We denied Reagan's application for discretionary review in July 2017. See Robert Reagan v. Terry Barnard, Chairman, No. A17D0505 (July 7, 2017). 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). This appeal is therefore DISMISSED.

Source:  Leagle

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