Terrance Mobley v. State of Georgia Pardon & Parole Board

Opinion

Court of Appeals of the State of Georgia

ATLANTA,____________________ January 10, 2019

The Court of Appeals hereby passes the following order:

A19A0844. TERRANCE MOBLEY v. STATE OF GEORGIA PARDON & PAROLE BOARD.

Prisoner Terrance Mobley filed a direct appeal from the trial court’s order denying his request proceed in forma pauperis in a civil action. See OCGA § 9-15-2 (d). Because Mobley is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq. Under OCGA § 42-12-8, an appeal of a civil action filed by a prisoner “shall be as provided in Code Section 5-6-35.” And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Because a prisoner has no right of direct appeal in civil cases, we lack jurisdiction to consider this appeal. See Jones v. Townsend, 267 Ga. 489, 490-491 (480 SE2d 24) (1997). Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 01/10/2019 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.