IN THE COURT OF APPEALS OF TENNESSEE

AT NASHVILLE

October 12, 2022

JASON C. JOHNSON v. TENNESSEE DEPARTMENT OF CORRECTIONS 

ET AL.

Appeal from the Chancery Court for Davidson County

No. 21-828-III Ellen Hobbs Lyle, Chancellor

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No. M2022-01265-COA-R3-CV

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This is an appeal from an order dismissing an inmate’s Petition for Writ of 

Certiorari. Because the inmate did not file his notice of appeal within thirty days after entry 

of the order as required by Rule 4(a) of the Tennessee Rules of Appellate Procedure, we 

dismiss the appeal.

Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

FRANK G. CLEMENT, JR., P.J., M.S., ANDY D. BENNETT, and W. NEAL MCBRAYER, JJ.

Jason Curtis Johnson, Hartsville, Tennessee, pro se.

Kristen Joy Walker, Nashville, Tennessee, for the appellee, Tennessee Department of 

Corrections.

MEMORANDUM OPINION1

Jason Johnson, an inmate in the custody of the Department of Correction, filed a 

petition for common law writ of certiorari alleging that the Department failed to follow its 

own policies and procedures with respect to four disciplinary hearings in which Mr. 

 

1 Under Tennessee Court of Appeals Rule 10, the Court may decide a case by memorandum 

opinion when a formal opinion would have no precedential value. A case decided by 

memorandum opinion shall not be published and shall not be cited or relied on for any 

reason in any unrelated case. TENN. CT. APP. R. 10.

10/13/2022
- 2 -

Johnson was convicted. On July 28, 2022, the trial court upheld Mr. Johnson’s convictions 

and dismissed the petition. Mr. Johnson filed a notice of appeal with the clerk of this Court 

on September 12, 2022. 

Rule 4(a) of the Tennessee Rules of Appellate Procedure requires that a notice of 

appeal be filed with the clerk of the appellate court within thirty days after entry of the 

judgment appealed. Mr. Johnson did not file his notice of appeal until forty-six days after 

entry of the judgment. Because Mr. Johnson is an inmate proceeding pro se, his notice of 

appeal would be considered timely if it were delivered to the appropriate individual at his 

correctional facility within the time fixed for filing. Tenn. R. App. P. 20(g). However, both 

the envelope containing the notice of appeal and the certificate of service demonstrate that 

the notice was not delivered to the appropriate individual at Mr. Johnson’s correctional 

facility until well past the thirty-day deadline.

The thirty-day time limit for filing a notice of appeal is mandatory and jurisdictional. 

Albert v. Frye, 145 S.W.3d 526, 528 (Tenn. 2004); Binkley v. Medling, 117 S.W.3d 252, 

255 (Tenn. 2003). This Court can neither waive nor extend the time period. Tenn. R. App. 

P. 2 and 21(b); Flautt & Mann v. Council of City of Memphis, 285 S.W.3d 856, 868 n.1 

(Tenn. Ct. App. 2008); Jefferson v. Pneumo Servs. Corp., 699 S.W.2d 181, 184 (Tenn. Ct. 

App. 1985). The failure to file a timely notice of appeal deprives this Court of jurisdiction 

to hear the matter. Flautt & Mann, 285 S.W.3d at 869 n.1. 

The appeal is dismissed for failure to file a timely notice of appeal. The case is 

remanded to the trial court for further proceedings consistent with this opinion. Jason 

Johnson is taxed with the costs for which execution may issue. 

PER CURIAM