Opinion
A25A0505
11-01-2024
DAVID LITTLE, II v. HOPE HARMON.
The Court of Appeals hereby passes the following order:
Prisoner David Little, II, filed a pro se complaint against Hope Harmon, and the trial court dismissed the case with prejudice for failure to state a claim upon which relief can be granted. Little filed a "Motion to Alter or Amend the Judgment,"which the trial court denied. Little then filed this direct appeal. We, however, lack jurisdiction.
Because Little 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 review in the appropriate appellate court.
Little's failure to comply with the discretionary review procedure deprives us of jurisdiction over this direct appeal, which is hereby DISMISSED. See Jones v. Townsend, 267 Ga. 489, 490-491 (480 S.E.2d 24) (1997).