Court of Appeals of the State of Georgia ATLANTA,__________________ March 21, 2013 The Court of Appeals hereby passes the following order: A13A1343. DONALD LEE UBELE v. STATE OF GEORGIA.

The superior court denied the filing of prison inmate Donald Lee Ubele’s civil complaint.1 Ubele filed this direct appeal from that order. We, however, lack jurisdiction.

Because Ubele 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. This direct appeal is therefore DISMISSED for lack of jurisdiction. See Jones v. Townsend, 267 Ga. 489 (480 SE2d 24) (1997).

Court of Appeals of the State of Georgia 03/21/2013 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.

The trial court noted in its order that it had denied a petition for the same relief six months earlier.