Serpentfoot v. Salmon, A97A1004
| Decision Date | 13 March 1997 |
| Docket Number | No. A97A1004,A97A1004 |
| Parties | , 97 FCDR 1452 SERPENTFOOT v. SALMON et al. |
| Court | Georgia Court of Appeals |
Serpentfoot, pro se.
Tambra P. Colston, District Attorney, Leigh E. Patterson, Assistant District Attorney, Wade C. Hoyt III, Rome, for appellees.
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.
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