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SERPENTFOOT v. SALMON et al.
A97A1004.
MCMURRAY, Presiding Judge.
Contempt. Floyd Superior Court. Before Judge Walther.
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 SE2d 816); Boyle v. State of Ga., 190 Ga. App. 734 (380 SE2d 57). Accordingly, we must dismiss Serpentfoot's appeal.
Tambra P. Colston, District Attorney, Leigh E. Patterson, Assistant District Attorney, Wade C. Hoyt, III, for appellees.
Serpentfoot, pro se.
DECIDED MARCH 13, 1997 -- CERT. APPLIED FOR.
Thursday May 21 04:54 EDT


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