LOCKHART v. GEORGIA DEPARTMENT OF CORRECTIONS, A18D0211. (2017)
Court: Court of Appeals of Georgia
Number: ingaco20171214230
Visitors: 4
Filed: Dec. 14, 2017
Latest Update: Dec. 14, 2017
Summary: Order Prisoner Shawn Davert Lockhart, Jr. filed a civil suit against the Georgia Department of Corrections and Ware State Prison. On October 19, 2017, the trial court granted the defendants' motion to dismiss. On November 21, 2017, Lockhart filed this application for discretionary review. 1 We, however, 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
Summary: Order Prisoner Shawn Davert Lockhart, Jr. filed a civil suit against the Georgia Department of Corrections and Ware State Prison. On October 19, 2017, the trial court granted the defendants' motion to dismiss. On November 21, 2017, Lockhart filed this application for discretionary review. 1 We, however, 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 a..
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Order
Prisoner Shawn Davert Lockhart, Jr. filed a civil suit against the Georgia Department of Corrections and Ware State Prison. On October 19, 2017, the trial court granted the defendants' motion to dismiss. On November 21, 2017, Lockhart filed this application for discretionary review.1 We, however, 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). Lockhart's application was untimely filed 33 days after entry of the order he seeks to appeal.2 Accordingly, this application is hereby DISMISSED for lack of jurisdiction.
FootNotes
1. Because he is incarcerated, Lockhart'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. This Court received Lockhart's pro se application by mail on November 27, 2017. However, his certificate of service is dated November 21, 2017, and we therefore deem his application filed on November 21. See Court of Appeals Rule 4 (d).
Source: Leagle
