Kurtis Lee Brown v. Superior Court Judges of Georgia

Court of Appeals of Georgia

Kurtis Lee Brown v. Superior Court Judges of Georgia

DecidedMarch 11, 2016

DocketA16A1077

StatusPublished

This text of Kurtis Lee Brown v. Superior Court Judges of Georgia (Kurtis Lee Brown v. Superior Court Judges of Georgia) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Kurtis Lee Brown v. Superior Court Judges of Georgia, (Ga. Ct. App. 2016).

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Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ March 10, 2016

The Court of Appeals hereby passes the following order:

A16A1077. KURTIS LEE BROWN v. SUPERIOR COURT JUDGES OF GEORGIA et al.

Prison inmate Kurtis Lee Brown filed this civil action on behalf of himself and several other inmates against, among others, the Georgia Superior Court judges and Georgia attorneys, in which he appears to claim they are guilty of “commercial crimes” and fraud for selling court default judgments to the federal district courts as negotiable instruments. He asks that the plaintiffs be acquitted and discharged, and that they receive all the proceeds from these illegal sales. The trial court issued an order denying filing based on the lack of any justiciable issue of law or fact on which it could grant relief. Brown filed a direct appeal to the Supreme Court, which transferred the case to us. We, however, lack jurisdiction over this direct appeal. Because Brown was incarcerated when he initiated this action, his appeal is controlled by the Prison Litigation Reform Act of 1996. OCGA § 42-12-1 et seq. OCGA § 42-12-8 requires that an appeal of a civil action filed by a prisoner "shall be as provided in Code Section 5-6-35." Under OCGA § 5-6-35 (b), the party wishing to appeal must file an application for discretionary appeal with the appropriate appellate court. Because a prisoner has no right of direct appeal in civil cases, we lack jurisdiction to consider a direct appeal from the trial court's order. See Jones v. Townsend, 267 Ga. 489 (480 SE2d 24) (1997). Accordingly, this direct appeal is hereby DISMISSED. Court of Appeals of the State of Georgia 03/10/2016 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.

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Court of Appeals of the State of Georgia

ATLANTA,____________________ March 10, 2016

The Court of Appeals hereby passes the following order:

A16A1077. KURTIS LEE BROWN v. SUPERIOR COURT JUDGES OF GEORGIA et al.

Prison inmate Kurtis Lee Brown filed this civil action on behalf of himself and several other inmates against, among others, the Georgia Superior Court judges and Georgia attorneys, in which he appears to claim they are guilty of “commercial crimes” and fraud for selling court default judgments to the federal district courts as negotiable instruments. He asks that the plaintiffs be acquitted and discharged, and that they receive all the proceeds from these illegal sales. The trial court issued an order denying filing based on the lack of any justiciable issue of law or fact on which it could grant relief. Brown filed a direct appeal to the Supreme Court, which transferred the case to us. We, however, lack jurisdiction over this direct appeal. Because Brown was incarcerated when he initiated this action, his appeal is controlled by the Prison Litigation Reform Act of 1996. OCGA § 42-12-1 et seq. OCGA § 42-12-8 requires that an appeal of a civil action filed by a prisoner "shall be as provided in Code Section 5-6-35." Under OCGA § 5-6-35 (b), the party wishing to appeal must file an application for discretionary appeal with the appropriate appellate court. Because a prisoner has no right of direct appeal in civil cases, we lack jurisdiction to consider a direct appeal from the trial court's order. See Jones v. Townsend, 267 Ga. 489 (480 SE2d 24) (1997). Accordingly, this direct appeal is hereby DISMISSED. Court of Appeals of the State of Georgia 03/10/2016 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.

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Kurtis Lee Brown v. Superior Court Judges of Georgia, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kurtis-lee-brown-v-superior-court-judges-of-georgia-gactapp-2016.

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