SERPENTFOOT v. SALMON (1997)

Serpentfoot, a county prisoner formerly known as Anne Clay Otwell, filed a petition entitled, “Motion and Citation for Contempt,” against a trial court judge and an assistant district attorney and a county attorney (defendants), seeking to have defendants charged with criminal offenses and held in contempt for treating her present name as an alias in an unrelated criminal proceeding.   A different trial judge dismissed Serpentfoot's petition, pursuant to OCGA § 9-15-2(d), finding it insufficient to present any justiciable issue of law or fact.   This direct appeal followed.   Held:

The Prison Litigation Reform Act of 1996 provides that “[a]ppeals of all actions filed by prisoners shall be as provided in Code Section 5-6-35.”   OCGA § 42-12-8.   The case sub judice is subject to this provision because Serpentfoot filed her “Motion and Citation for Contempt” and her notice of appeal while a county prisoner.   See OCGA § 42-12-3(4).   Since Serpentfoot has not followed the discretionary appeal procedure provided in OCGA § 5-6-35, we have no jurisdiction to consider this appeal.  Botts v. Givens, 223 Ga.App. 139, 476 S.E.2d 816;  Boyle v. State of Ga., 190 Ga.App. 734, 380 S.E.2d 57.   Accordingly, we must dismiss Serpentfoot's appeal.

Appeal dismissed.

McMURRAY, Presiding Judge.

BEASLEY and SMITH, JJ., concur.