WRIGHT v. BROWN Et Al.

783 S.E.2d 405, 336 Ga. App. 1, 2016 Ga. App. LEXIS 112
Court of Appeals of Georgia·Decided March 2, 2016·No. A15A1788·Published·Cited by 6 cases

Opinions

Dillard, Judge.

Willie Wright, Jr., an inmate in the Macon State Prison acting pro se, filed suit in the Superior Court of Wilcox County against State prison officials, alleging claims under State tort law and 42 USC § 1983, and requesting to proceed in forma pauperis (“IFP”) so as to waive filing fees. The defendants filed a traverse to Wright’s IFP request, arguing that his numerous previously dismissed federal lawsuits counted as strikes under the Georgia Prison Litigation Reform Act (“PLRA”)1 and, thus, barred him from proceeding IFP in this matter. The trial court agreed and dismissed the case without prejudice. On appeal, Wright contends, inter alia, that the court erred in ruling that his previously dismissed federal lawsuits count as strikes under the Georgia PLRA. We agree and, therefore, reverse the court’s ruling and remand the case for further proceedings consistent with this opinion.

The undisputed record shows that since 2010, Wright has been an inmate incarcerated in the Macon State Prison and serving a 20-year sentence. Over the course of the last five years, Wright filed seven lawsuits in the United States District Court for the Middle District of Georgia against various prison officials, all of which were dismissed. In the sixth such lawsuit,2 Wright sued 14 State officials, alleging, inter alia, that he suffered injuries when Antonio Brown, a [2] prison guard, stomped on his hand, and that prison staff failed to provide adequate medical treatment for that injury. Nevertheless, on January 27, 2014, the district court dismissed Wright’s suit without prejudice on the ground that it was barred by the “three strikes rule” of the federal Prison Litigation Reform Act.3

Consequently, on December 31, 2014, Wright filed the subject lawsuit in the Superior Court of Wilcox County against Brown and at least one other prison official (“defendants”), alleging claims under State tort law and 42 USC § 1983. And rather than pay the filing fee, Wright filed a request to proceed IFP. Shortly thereafter, the defendants filed a special appearance and traverse to Wright’s IFP request. Specifically, the defendants argued that Wright’s seven previously dismissed federal lawsuits qualified as strikes under OCGA § 42-12-7.2 of the Georgia PLRA and, thus, the statute barred him from proceeding IFP. The trial court agreed and, therefore, dismissed Wright’s lawsuit without prejudice. This appeal follows.

1. We first note that in his appellate brief, in addition to challenging the trial court’s construction of the three-strikes provision in the Georgia PLRA,4 Wright contends that the court erred in (1) failing to find that the statute was unconstitutional, vague, and overbroad; (2) finding that the trial court and the federal district court are the same sovereign; and (3) finding that filing in the federal district court imposes a cost on the State. These alleged errors, however, have been waived on appeal. Wright, in contravention of this Court’s rules, has “not shown how [these enumerations] of error [were] preserved for our review, nor has [he] provided any relevant citation to the record showing that [these claims] of error [were] raised below.”5 In fact, nothing in the appellate record indicates that these particular arguments were raised below. And we will not consider an issue raised for the first time on appeal, “because the trial court has not had the opportunity to consider it.”6

2. In three enumerations of error, Wright essentially contends that the trial court erred in ruling that his federal lawsuits in the [3] United States District Court for the Middle District of Georgia qualify as strikes under OCGA § 42-12-7.2 of the Georgia PLRA. We agree and, therefore, reverse the court’s ruling.

At the outset, we note that in interpreting any statute, we necessarily begin our analysis with familiar and binding canons of statutory construction. And in considering the meaning of a statute, our charge as an appellate court is to “presume that the General Assembly meant what it said and said what it meant.”7 Thus, we must afford the statutory text its plain and ordinary meaning,8 consider the text contextually,9 read the text “in its most natural and reasonable way, as an ordinary speaker of the English language would,”10 and seek to “avoid a construction that makes some language rhere surplusage.”11 Importantly, when the language of a statute is plain and susceptible of only one natural and reasonable construction, “courts must construe the statute accordingly.”12

Bearing these guiding principles in mind, we will now consider the relevant text of OCGA § 42-12-7.2, the “three strikes” provision of Georgia’s PLRA, which provides:

In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state that was subsequently dismissed on the grounds that such action was frivolous or malicious, unless the prisoner is under imminent danger of serious physical injury.

[4] On appeal, Wright argues that the trial court erred in construing the phrase “any action in any court of this state” to include the lawsuits he filed in federal district'court. We agree.

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WRIGHT v. BROWN Et Al., 783 S.E.2d 405, 336 Ga. App. 1, 2016 Ga. App. LEXIS 112 (Ga. Ct. App. 2016).

783 S.E.2d 405 (WRIGHT v. BROWN Et Al.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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