O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state or of the United States that was dismissed on the grounds that such action was frivolous or malicious, unless the prisoner is under imminent danger of serious physical injury.
History
Code 1981, § 42-12-7.2, enacted by Ga. L. 1999, p. 847, § 3; Ga. L. 2000, p. 136, § 42; Ga. L. 2017, p. 673, § 3-4/SB 149.
Annotations
Law reviews. For note on 1999 enactment of this Code section, see 16 Ga. St. U.L. Rev. 219 (1999).
JUDICIAL DECISIONS Previously dismissed federal lawsuits not counted under three strikes provision. - Trial court erred in ruling that an inmate’s previously dismissed fed-
eral lawsuits counted as strikes under the three strikes provision of the Georgia Prison Litigation Reform Act, O.C.G.A. § 42-12-7.2, because lawsuits in federal
district court did not qualify as strikes under the statute since the statute unambiguously included only courts created by the constitution and laws of Georgia.
Wright v. Brown, 336 Ga. App. 1, 783 S.E.2d 405, 2016 Ga. App. LEXIS 112 (2016).
Notes of Decisions
Wright v. Brown Et Al., 783 S.E.2d 405 (Ga. Ct. App. 2016).
· cites it 30× “Specifically, the defendants argued that Wright’s seven previously dismissed federal lawsuits qualified as strikes under OCGA § 42-12-7.2 of the Georgia PLRA and, thus, the statute barred him from proceeding IFP.”
Abdullah M. Rasheed v. State (Ga. Ct. App. 2015).
· cites it 4× “OCGA § 42-12-7.2 provides: In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state…”
David Johnson v. State (Ga. Ct. App. 2012).
· cites it 4× “The State cites no authority in its motion, but we note that a remedy for frivolous pro se criminal appeals is found in OCGA § 42-12-7.2: In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior…”
Darrell E. Brown v. State (Ga. Ct. App. 2013).
· cites it 4× “OCGA § 42-12-7.2 provides: In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state…”
Abdullah M. Rasheed v. State (Ga. Ct. App. 2013).
· cites it 4× “We further note that the last two appeals filed by Rasheed were deemed frivolous, and we cautioned Rasheed that if he continued to file such appeals, he may find all future claims barred by OCGA § 42-12-7.2. See Case Numbers A12A0762 and A12A0763 (decided Dec.”
Damien C. Bernard v. State (Ga. Ct. App. 2013).
· cites it 4× “OCGA § 42-12-7.2 provides: In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state…”
Jerry Guest v. State (Ga. Ct. App. 2014).
· cites it 4× “OCGA § 42-12-7.2 provides: In no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or more prior occasions while he or she was incarcerated or detained in any facility, filed any action in any court of this state…”
Daniel Eric Cobble v. Stephanie A. Lockhart (Ga. Ct. App. 2014).
· cites it 4× “Cobble appeals the denial of a motion to produce, but given the dearth of information he supplied, we are unable to ascertain OCGA § 42-12-7.2 provides: [i]n no event shall a prisoner file any action in forma pauperis in any court of this state if the prisoner has, on three or…”
Damien C. Bernard v. State (Ga. Ct. App. 2014).
· cites it 2× “Under OCGA § 42-12-7.2, prisoners who have filed three or more times in state court and had those filings dismissed as frivolous are not permitted to file any action in forma pauperis.”
Mack Henry Lott v. Ralph Kemp, Warden (Ga. Ct. App. 2012).
· cites it 2× “In this application for discretionary appeal filed on June 6, 2012,1 Mack Henry Lott seeks review of either the trial court’s order of June 16, 2011, dismissing his complaint pursuant to OCGA § 42-12-7.2, or its order of September 30, 2011, in which the court dismissed a…”
Daniel Eric Cobble v. Clay Tatum, Warden (Ga. Ct. App. 2013).
· cites it 2× “The court ruled that Cobble had already filed more than three frivolous civil actions and could file further in forma pauperis complaints only if he alleged that he was under imminent danger of serious physical injury, pursuant to OCGA § 42-12-7.2. Cobble filed an application…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.