Dante G. Fredrick v. Eric Watson ( 2021 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    June 08, 2021
    The Court of Appeals hereby passes the following order:
    A21A0776. DANTE G. FREDRICK v. ERIC WATSON.
    Inmate Dante G. Fredrick submitted a pro se civilian warrant against Sheriff
    Eric Watson to the superior court. The superior court denied the filing of the action,
    and Fredrick filed this direct appeal. We, however, lack jurisdiction.
    Fredrick is incarcerated, so 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 in
    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 direct appeal.
    See Jones v. Townsend, 
    267 Ga. 489
    , 490 (480 SE2d 24) (1997). Accordingly, this
    appeal is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    06/08/2021
    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.
    

Document Info

Docket Number: A21A0776

Filed Date: 6/15/2021

Precedential Status: Precedential

Modified Date: 6/15/2021