Therian Wimbush v. Russell W. Smith ( 2021 )


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  • Court of Appeals
    of the State of Georgia
    ATLANTA,____________________
    May 07, 2021
    The Court of Appeals hereby passes the following order:
    A21A1139. THERIAN WIMBUSH v. RUSSELL W. SMITH.
    A21A1193. THERIAN WIMBUSH v. DAVID C. WALL.
    Therian Wimbush, who is incarcerated, filed a mandamus petition against
    Judge Russell Smith, seeking to compel the judge to issue a ruling in what Wimbush
    purports to be a habeas matter. Wimbush filed a separate mandamus petition against
    the Clerk of Court, David Wall. Both petitions were dismissed as moot, and Wimbush
    filed these direct appeals. We lack jurisdiction.
    While judgments and orders granting or refusing to grant mandamus relief are
    generally directly appealable, see OCGA § 5-6-34 (a) (7), under the Prison Litigation
    Reform Act, any appeal in a civil case that was initiated by a prisoner must come by
    discretionary application. See OCGA § 42-12-8; Jones v. Townsend, 
    267 Ga. 489
    ,
    490 (480 SE2d 24) (1997). Because Wimbush is incarcerated, she was required to file
    an application for discretionary appeal in order to appeal the mandamus rulings. See
    Brock v. Hardman, 
    303 Ga. 729
    , 731 (2) (814 SE2d 736) (2018). We thus lack
    jurisdiction over these direct appeals, which are hereby DISMISSED.
    Court of Appeals of the State of Georgia
    Clerk’s Office, Atlanta,____________________
    05/07/2021
    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.
    

Document Info

Docket Number: A21A1139

Filed Date: 5/12/2021

Precedential Status: Precedential

Modified Date: 5/12/2021