Carlton Michael Gary v. Carl Humphrey, Warden

• Court: Court of Appeals of Georgia
• Decided: January 7, 2013
• Docket: A13A0628
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,__________________ January 07, 2013

The Court of Appeals hereby passes the following order:

A13A0628. CARLTON MICHAEL GARY v. CARL HUMPHREY, WARDEN, et al.

Calrton Michael Gary filed this direct appeal from the trial court’s order denying the filing of his motion for injunctive relief.1 Because Gary is a prison inmate, the Prison Litigation Reform Act applies. OCGA § 42-12-3 (1). The Act provides that appeals “of all actions filed by prisoners shall be as provided in Code Section 5-6-35,” that is, by application requesting a discretionary appeal. OCGA § 42-12-8. Gary failed to follow the discretionary appeal procedure required by law. “The requirements of OCGA § 5-6-35 are jurisdictional and this court cannot accept an appeal not made in compliance therewith.” Boyle v. State of Georgia, 190 Ga. App. 734 (380 SE2d 57) (1989). Accordingly, this appeal is hereby ordered DISMISSED.

Court of Appeals of the State of Georgia 01/07/2013 Clerk’s Office, Atlanta,__________________ I certify that the above is a true extract from the minutes of the Court of Appeals of Georgia. Witness my signature and the seal of said court hereto affixed the day and year last above written.

, Clerk.

1 Gary filed his notice of appeal in the Supreme Court, which transferred the case to this Court.