From Casetext: Smarter Legal Research

Gates v. Yeager

Court of Appeals of Georgia
Apr 6, 1998
498 S.E.2d 372 (Ga. Ct. App. 1998)

Opinion

A98A1491.

DECIDED APRIL 6, 1998.

Inmates; appeal of civil action. Coweta Superior Court. Before Judge Lee.

Roy Gates, pro se.

Drew, Eckl Farnham, William T. Mitchell, for appellees.


Roy Gates, a Georgia prison inmate, commenced this civil action against the Sheriff of Coweta County and the Warden of Calhoun State Prison, over their failure to protect him from the attack of other inmates. The trial court granted summary judgment for the defendants on December 31, 1997, and Gates filed this pro se direct appeal on January 13, 1998.

Under OCGA § 42-12-8, the discretionary appeal procedures pursuant to OCGA § 5-6-35 are required in all appeals brought by inmates in civil actions. Jones v. Townsend, 267 Ga. 489 ( 480 S.E.2d 24) (1997). Gates's failure to comply with those requisite discretionary procedures deprives this Court of the jurisdiction to consider this case, and the appeal must be dismissed.

Appeal dismissed. Blackburn and Eldridge, JJ., concur.


DECIDED APRIL 6, 1998.


Summaries of

Gates v. Yeager

Court of Appeals of Georgia
Apr 6, 1998
498 S.E.2d 372 (Ga. Ct. App. 1998)
Case details for

Gates v. Yeager

Case Details

Full title:GATES v. YEAGER et al

Court:Court of Appeals of Georgia

Date published: Apr 6, 1998

Citations

498 S.E.2d 372 (Ga. Ct. App. 1998)
232 Ga. App. 91