Opinion
A23A0056
09-06-2022
DAVID L. TOLBERT v. GEORGE F. NUNN et al.
The Court of Appeals hereby passes the following order:
David L. Tolbert, an inmate who is proceeding pro se, filed a mandamus petition against judge George F. Nunn and other officials. The trial court dismissed the petition, and Tolbert filed this appeal. The appellees have filed a motion to dismiss, contending that we lack jurisdiction over this direct appeal. We agree.
Tolbert directed his appeal to the Supreme Court, which transferred the case here. See Case No. S22A1045 (decided June 22, 2022).
Although judgments and orders granting or refusing to grant mandamus are generally directly appealable, see OCGA § 5-6-34 (a) (7), under the Prison Litigation Reform Act, any appeal in a civil case that was initiated by a prisoner must come by discretionary application. See OCGA § 42-12-8; Jones v. Townsend, 267 Ga. 489, 490 (480 S.E.2d 24) (1997). Because Tolbert is incarcerated, he was required to file an application for discretionary appeal to seek appeal of the trial court's order. "[C]ompliance with the discretionary appeals procedure is jurisdictional." Fabe v. Floyd, 199 Ga.App. 322, 332 (1) (405 S.E.2d 265) (1991). Tolbert's failure to follow the required appellate procedure deprives us of jurisdiction over this appeal.
Accordingly, the motion to dismiss is hereby GRANTED, and this appeal is hereby DISMISSED.