Court of Appeals

of the State of Georgia

ATLANTA,____________________

The Court of Appeals hereby passes the following order:

A19D0367. DANIEL ERIC COBBLE v. DENISE FACHINI.

On March 6, 2019, state prisoner Daniel Cobble filed this application for

discretionary review, purportedly seeking to appeal a December 4, 2018 trial court

order that denied filing of his petition for a writ of mandamus.

1 However, Cobble has

failed to submit a file-stamped copy of the order he seeks to appeal, in violation of

Court of Appeals Rule 31 (c), and instead hassubmitted a subsequent trial court order

that granted his request to proceed in forma pauperis. Consequently, on March 8,

2019, we ordered Cobble to supplement his application within ten days with a

stamped “filed” copy of the order to be appealed. We indicated that failure to comply

with this directive would result in dismissal of the application. Cobble has failed to

comply with this directive. Regardless, we lack jurisdiction for multiple reasons.

To the extent that Cobble seeks discretionary review of the order granting his

request to proceed in forma pauperis, we lack jurisdiction for two reasons. First, the

limited record materials Cobble hassubmitted contain no indication that thisis a final

order that resolved all issues in this case. Consequently, Cobble’s failure to use the

interlocutory appeal procedures, including obtaining a certificate ofimmediate review

from the trial court, deprives us of jurisdiction over this application. See OCGA

§ 5-6-34 (b); Boyd v. State, 191 Ga. App. 435, 435 (383 SE2d 906) (1989). Second,

because Cobble was not aggrieved by the order granting his request to proceed in

forma pauperis, he has no legal right to appeal that decision. See Cooper Motor

Lines, Inc. v. B. C. Truck Lines, Inc., 215 Ga. 195, 195 (1) & (2) (109 SE2d 689)

1

 This is Cobble’s thirty-fifth filing in this Court since 2002.

March 28, 2019
(1959); see also In the Interest of J. R. P., 287 Ga. App. 621, 622-624 (1) & (2) (652

SE2d 206) (2007); Morgan v. Miller, 191 Ga. App. 803, 804 (383 SE2d 183) (1989).

To the extent that Cobble seeks to appeal the December 4 order, we likewise

lack jurisdiction, also for two reasons. First, we denied Cobble’s prior application for

discretionary review of the December 4 order in Cobble v. Fachini, No. A19D0233

(Jan. 3, 2019). Our denial of that application bars further appellate review of the

December 4 order. See Ross v. State, 310 Ga. App. 326, 327 (713 SE2d 438) (2011)

(“[A]ny issue that was raised and resolved in an earlier appeal is the law of the case

and is binding on this Court . . . .”) (punctuation omitted); Hook v. Bergen, 286 Ga.

App. 258, 261 (1) (649 SE2d 313) (2007) (“[T]he denial of an application for

discretionary appeal is an adjudication on the merits of the underlying order and acts

asresjudicata in subsequent proceedings.”). Second, an application for discretionary

review must be filed within 30 days of entry of the order or judgment to be appealed. 

OCGA § 5-6-35 (d). The requirements of OCGA § 5-6-35 are jurisdictional, and this

Court cannot accept an application for appeal not made in compliance therewith. 

Boyle v. State, 190 Ga. App. 734, 734 (380 SE2d 57) (1989). Cobble’s instant

application was untimely filed 92 days after entry of the December 4 order.

For each of the above reasons, we lack jurisdiction over this application, which

is hereby DISMISSED.

Court of Appeals of the State of Georgia

Clerk’s Office, Atlanta,____________________

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.

03/28/2019