Lucious L. Johnson v. Nathan Brooks, Warden

Court of Appeals of Georgia

Lucious L. Johnson v. Nathan Brooks, Warden

DecidedMarch 13, 2020

DocketA20A1271

StatusPublished

This text of Lucious L. Johnson v. Nathan Brooks, Warden (Lucious L. Johnson v. Nathan Brooks, Warden) 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.

Bluebook

Lucious L. Johnson v. Nathan Brooks, Warden, (Ga. Ct. App. 2020).

Pincite

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 24, 2020

The Court of Appeals hereby passes the following order:

A20A1271. LUCIOUS L. JOHNSON v. NATHAN BROOKS, WARDEN et al.

Prisoner Lucious L. Johnson filed a mandamus petition in the superior court of the county in which he is incarcerated. The superior court dismissed the petition, and Johnson filed this direct appeal.1 Johnson’s mandamus petition was not filed under his criminal case, but as a separate civil action. Accordingly, his appeal is governed by the Prison Litigation Reform Act, which requires that any appeal in a civil case that was initiated by a prisoner must come by discretionary application. See OCGA § 42-12-8; Brock v. Hardman, 303 Ga. 729, 731 (2) (814 SE2d 736) (2018). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Because Johnson failed to file a discretionary application, we lack jurisdiction over this direct appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/24/2020 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 Johnson filed the appeal in the Supreme Court, which transferred the matter to this Court. See Case Number S20A0647, decided Jan. 13, 2020.

Free access — add to your briefcase to read the full text and ask questions with AI

Court of Appeals of the State of Georgia

ATLANTA,____________________ February 24, 2020

The Court of Appeals hereby passes the following order:

A20A1271. LUCIOUS L. JOHNSON v. NATHAN BROOKS, WARDEN et al.

Prisoner Lucious L. Johnson filed a mandamus petition in the superior court of the county in which he is incarcerated. The superior court dismissed the petition, and Johnson filed this direct appeal.1 Johnson’s mandamus petition was not filed under his criminal case, but as a separate civil action. Accordingly, his appeal is governed by the Prison Litigation Reform Act, which requires that any appeal in a civil case that was initiated by a prisoner must come by discretionary application. See OCGA § 42-12-8; Brock v. Hardman, 303 Ga. 729, 731 (2) (814 SE2d 736) (2018). “[C]ompliance with the discretionary appeals procedure is jurisdictional.” Fabe v. Floyd, 199 Ga. App. 322, 332 (1) (405 SE2d 265) (1991). Because Johnson failed to file a discretionary application, we lack jurisdiction over this direct appeal, which is hereby DISMISSED. Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 02/24/2020 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 Johnson filed the appeal in the Supreme Court, which transferred the matter to this Court. See Case Number S20A0647, decided Jan. 13, 2020.

Cite This Page — Counsel Stack

Bluebook (online)

Lucious L. Johnson v. Nathan Brooks, Warden, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lucious-l-johnson-v-nathan-brooks-warden-gactapp-2020.

Opinion

Related

Cite This Page — Counsel Stack