Johnny Andrew McGill v. State
Johnny Andrew McGill v. State
Opinion
Court of Appeals of the State of Georgia ATLANTA,____________________ March 27, 2023 The Court of Appeals hereby passes the following order: A23A0886. JOHNNY ANDREW MCGILL v. THE STATE.
Prison inmate Johnny Andrew McGill filed a civil action against the State of Georgia. The trial court dismissed the action for want of prosecution, and McGill filed this direct appeal. We lack jurisdiction.
Because McGill is incarcerated, his appeal is controlled by the Prison Litigation Reform Act of 1996, OCGA § 42-12-1 et seq. Under OCGA § 42-12-8, an appeal in a civil action filed by a prisoner “shall be as provided in Code Section 5-6- 35.” And under OCGA § 5-6-35, the party wishing to appeal must file an application for discretionary appeal to the appropriate appellate court. Because a prisoner has no right of direct appeal in civil cases, we lack jurisdiction to consider this direct appeal from the trial court’s order. See Jones v. Townsend, 267 Ga. 489, 490-491 (480 SE2d 24) (1997). Accordingly, this appeal is hereby DISMISSED.
Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 03/27/2023 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.