TURNER v. WINGFIELD, A18A0836. (2017)
Court: Court of Appeals of Georgia
Number: ingaco20171212181
Visitors: 5
Filed: Dec. 12, 2017
Latest Update: Dec. 12, 2017
Summary: Order Marvin Turner seeks appellate review of the trial court's order dismissing his petition for writ of mandamus. 1 We, however, lack jurisdiction. Because Turner is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA 42-12-1 et seq. Under OCGA 42-12-8, an appeal of a civil action filed by a prisoner "shall be as provided in Code Section 5-6-35." And under OCGA 5-6-35 (b), the party wishing to appeal must file an application for discretionary revi
Summary: Order Marvin Turner seeks appellate review of the trial court's order dismissing his petition for writ of mandamus. 1 We, however, lack jurisdiction. Because Turner is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA 42-12-1 et seq. Under OCGA 42-12-8, an appeal of a civil action filed by a prisoner "shall be as provided in Code Section 5-6-35." And under OCGA 5-6-35 (b), the party wishing to appeal must file an application for discretionary revie..
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Order
Marvin Turner seeks appellate review of the trial court's order dismissing his petition for writ of mandamus.1 We, however, lack jurisdiction.
Because Turner is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq. Under OCGA § 42-12-8, an appeal of a civil action filed by a prisoner "shall be as provided in Code Section 5-6-35." And under OCGA § 5-6-35 (b), the party wishing to appeal must file an application for discretionary review to the appropriate appellate court. Because a prisoner has no right of direct appeal in civil cases, which includes mandamus, we lack jurisdiction to consider Turner's direct appeal. See Jones v. Townsend, 267 Ga. 489, 490 (480 S.E.2d 24) (1997). Accordingly, this appeal is hereby DISMISSED.
FootNotes
1. Turner directed his notice of appeal to the Supreme Court, which transferred the matter to this Court.
Source: Leagle
