James Eric Jeffares v. Tracy Alvord, Executive Director ( 2018 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    December 06, 2018
    The Court of Appeals hereby passes the following order:
    A19D0182. JAMES ERIC JEFFARES v. TRACY ALVORD, EXECUTIVE
    DIRECTOR.
    Prisoner James Eric Jeffares sought to file a mandamus petition in forma
    pauperis. The trial court denied Jeffares’ request on the basis that his pleading showed
    an absence of any justiciable issue. Jeffares filed this application for discretionary
    appeal from the trial court’s ruling. On November 16, 2018, we ordered Jeffares to
    supplement his application within ten days with a stamped “filed” copy of the order
    to be appealed. Jeffares has not complied with our order.
    Without the stamped “filed” copy of the order, we cannot ascertain if the
    application was filed within 30 days, which is a jurisdictional requirement.1 See OCGA
    § 5-6-35 (d); Boyle v. State, 
    190 Ga. App. 734
    , 734 (380 SE2d 57) (1989). Because
    Jeffares has not submitted a stamped “filed” copy of the trial court’s order,
    1
    Although the order included with the application does not contain a stamped
    “filed” date, it was signed by the judge on September 13, 2018. Based on that date, the
    application is untimely.
    and because more than ten days have passed since our November 16, 2018, order,
    Jeffares’ application is hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    12/06/2018
    I certi fy that the above is a true extract from
    the minutes of the Court of Appeals of Georgia.
    Witness my si gnature and the seal of said court
    hereto affixed the day and year last above written.
    , Clerk.
    

Document Info

Docket Number: A19D0182

Filed Date: 12/19/2018

Precedential Status: Precedential

Modified Date: 12/19/2018