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Howard Anderson Lee v. Richard T. Alexander
A17A1504
Ga. Ct. App.
Jul 4, 2017
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Case Information

*1 Court of Appeals

of the State of Georgia ATLANTA,____________________ June 19, 2017 The Court of Appeals hereby passes the following order: A17A1504. HOWARD ANDERSON LEE v. RICHARD T. ALEXANDER.

Inmate Howard Anderson Lee appealed directly to this Court from a superior court order dismissing his civil case against Richard T. Alexander, who Lee alleged had failed to perform certain duties as Clerk of Gwinnett County Courts. Because Lee is a prisoner, 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 of 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 superior court’s order. See Jones v. Townsend , 267 Ga. 489, 490 (480 SE2d 24) (1997). This appeal is therefore DISMISSED.

Court of Appeals of the State of Georgia Clerk’s Office, Atlanta,____________________ 06/19/2017 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 Details

Case Name: Howard Anderson Lee v. Richard T. Alexander
Court Name: Court of Appeals of Georgia
Date Published: Jul 4, 2017
Docket Number: A17A1504
Court Abbreviation: Ga. Ct. App.
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