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232 Ga. App. 91

Gates v. Yeager

Court of Appeals of Georgia

Decided April 6, 1998

Court of Appeals of Georgia · decided 1998-04-06

Cited by 14 later decisions — most recently November 2009

14 state decisions

Relies on Folse v. Asbell

Good law ✅— No negative treatment on recordhow we know

Decided 1998-04-06

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McMüRRAY, Presiding Judge.

¶1Roy Gates, a Georgia prison inmate, commenced this civil action against the Sheriff of Coweta County and the Warden of Calhoun State Prison, over their failure to protect him from the attack of other inmates. The trial court granted summary judgment for the defendants on December 31, 1997, and Gates filed this pro se direct appeal on January 13, 1998.

¶2Under OCGA § 42-12-8, the discretionary appeal procedures pursuant to OCGA § 5-6-35 are required in all appeals brought by inmates in civil actions. Jones v. Townsend, 267 Ga. 489 (480 SE2d 24) (1997). Gates’s failure to comply with those requisite discretionary procedures deprives this Court of the jurisdiction to consider this case, and the appeal must be dismissed.

¶3Appeal dismissed.

Blackburn and Eldridge, JJ., concur.
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