Georgia Court of Appeals, 2022

Roger C. Day v. Terry E. Barnard, Chairman of the State Board of Pardons and Paroles

Roger C. Day v. Terry E. Barnard, Chairman of the State Board of Pardons and Paroles
Georgia Court of Appeals · Decided September 7, 2022

Roger C. Day v. Terry E. Barnard, Chairman of the State Board of Pardons and Paroles

Opinion

Court of Appeals of the State of Georgia ATLANTA,____________________ September 07, 2022 The Court of Appeals hereby passes the following order: A23D0034. ROGER C. DAY v. TERRY E. BARNARD, CHAIRMAN OF THE STATE BOARD OF PARDONS AND PAROLES, et al.

Roger C. Day filed a petition for mandamus against the State Board of Pardons and Paroles and its Chairman, Terry E. Barnard.1 The respondents filed a motion to dismiss, which the trial court granted on July 8, 2022. On August 9, 2022, Day filed the instant application for discretionary appeal seeking review of the dismissal order.

We lack jurisdiction.

An application for discretionary review must be filed within 30 days of entry of the order or judgment to be appealed. See OCGA § 5-6-35 (d). Compliance with this statutory deadline is an absolute requirement to confer jurisdiction in this Court, and thus, the untimely filing of a discretionary application requires its dismissal. See Gable v. State, 290 Ga. 81, 82 (2) (a) (720 SE2d 170) (2011). Day’s application was untimely filed 32 days after entry of the order he seeks to appeal. Accordingly, this

The trial court initially denied Day’s petition for writ of mandamus, and he filed an application for discretionary appeal to challenge the ruling. We granted the application, see Case No. A20D0085 (Oct. 15, 2019), and reversed the trial court’s ruling and remanded with instructions to allow Day to file his petition. See Day v. Bernard, 356 Ga. App. 558 (848 SE2d 190) (2020). application is hereby DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 09/07/2022 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.

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