Marvis McDaniel-ivey v. a & S Repairs & Remodeling

• Court: Court of Appeals of Georgia
• Decided: August 27, 2018
• Docket: A18A2142
• Status: Published

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ August 20, 2018

The Court of Appeals hereby passes the following order:

A18A2141. MARVIS MCDANIEL-IVEY v. SHERRY BOSTON. A18A2142. MARVIS MCDANIEL-IVEY v. A & S REPAIRS & REMODELING.

In Case No. A18A2141, Marvis McDaniel-Ivey, purportedly on behalf of Marcus D. Ivey, seeks review of the trial court’s order denying permission to proceed in forma pauperis on a petition for writ of habeas corpus. Because this is an appeal from a decision in a habeas corpus case, jurisdiction lies in the Supreme Court. See Ga. Const. of 1983, Art. VI, Sec. VI, Par. III (4); Fullwood v. Sivley, 271 Ga. 248, 249 (517 SE2d 511) (1999) (direct appeal from “an order denying filing of a habeas petition pursuant to O.C.G.A. § 9-15-2” falls within the Supreme Court’s jurisdiction over habeas cases). Accordingly, the appeal is hereby TRANSFERRED to the Supreme Court. Case No. A18A2142 is a related appeal involving the same parties. For purposes of judicial economy, it is also TRANSFERRED to the Supreme Court.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 08/20/2018 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.