Joey Jones v. Terri Mullis

Court of Appeals of the State of Georgia

ATLANTA,_________________ September 10, 201 The Court of Appeals hereby passes the following order:

A13D0018. JOEY JONES v. TERRI MULLIS, et al.

On July 16, 2012, the superior court denied the filing of Joey Jones’s pro se complaint on the ground that it stated no justiciable issue of fact or law. See OCGA § 9-15-2 (d). Jones, who is incarcerated, filed an application for discretionary appeal on August 22, 2012, seeking to appeal this ruling.1

A discretionary application must be filed within 30 days of entry of the order at issue. OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this Court cannot accept an application for appeal not made in compliance therewith. See Boyle v. State, 190 Ga. App. 734 (380 SE2d 57) (1989). Because Jones filed his application 37 days after the trial court entered its order, the application is untimely and is therefore DISMISSED for lack of jurisdiction.

Court of Appeals of the State of Georgia 09/10/2012 Clerk’s Office, Atlanta,_________________ 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.