Georgia Court of Appeals, 2012

Michael Ray Coffey v. State of Georgia

Michael Ray Coffey v. State of Georgia
Georgia Court of Appeals · Decided November 16, 2012

Michael Ray Coffey v. State of Georgia

Opinion

Court of Appeals of the State of Georgia ATLANTA,__________________ November 16, 2012 The Court of Appeals hereby passes the following order: A13A0350. MICHAEL RAY COFFEY v. STATE OF GEORGIA.

Prison inmate Michael Ray Coffey sought to file a civil action, but the trial court denied him permission to proceed in forma pauperis. Coffey then filed this direct appeal.

Because Coffey is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996. OCGA § 42-12-1 et seq. Pursuant to OCGA § 42-12-8, an appeal of a civil action filed by a prisoner “shall be as provided in Code Section 5-6- 35.” Under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Coffey’s failure to file an application for discretionary appeal in this case deprives this Court of jurisdiction over this direct appeal. See Jones v. Townsend, 267 Ga. 489 (480 SE2d 24) (1997).

Accordingly, this appeal is hereby DISMISSED.

Court of Appeals of the State of Georgia 11/16/2012 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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.