Taylor v. Sparkman, et al.
| Docket Number: | 2010-CP-00648-COA Linked Case(s): 2010-CP-00648 ; 2010-CP-00648-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 07-19-2011 Opinion Author: Lee, C.J. Holding: AFFIRMED |
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| Additional Case Information: |
Topic: Administrative Remedy Program - Jurisdiction - Timeliness of appeal - Section 47-5-807 Judge(s) Concurring: Irving and Griffis, P.JJ., Myers, Barnes, Ishee, Roberts, Carlton, Maxwell and Russell, JJ. Procedural History: Dismissal Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 03-17-2010 Appealed from: Sunflower County Circuit Court Judge: Richard Smith Disposition: DISMISSED MOTION TO SHOW CAUSE Case Number: 2010-0058-CI |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | Charlie Taylor |
PRO SE |
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| Appellee: | Emmitt L. Sparkman, et al. | OFFICE OF THE ATTORNEY GENERAL: R. STEWART SMITH JR. | ||
Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Administrative Remedy Program - Jurisdiction - Timeliness of appeal - Section 47-5-807 |
| Summary of the Facts: | Charlie Taylor is an inmate incarcerated within the Mississippi Department of Corrections. Taylor filed a motion to show cause in circuit court seeking judicial review of several decisions of the Administrative Remedy Program. Taylor had filed several complaints in the MDOC’s ARP, all of which were concluded via a Third Step Response. These Third Step Response forms indicated that Taylor had thirty days in which to seek judicial review. Taylor received his latest response form on November 24, 2009. According to Taylor, he filed his motion to show cause within thirty days after receiving this latest response form, and it also appears that Taylor failed to pay the required filing fee. The record indicates that Taylor’s motion to show cause was filed on February 5, 2010, well after the thirty days had elapsed. The trial court dismissed Taylor’s motion as time-barred. Taylor appeals. |
| Summary of Opinion Analysis: | Pursuant to section 47-5-807, Taylor’s right to appeal a final decision of the MDOC under ARP must be asserted within thirty days after receipt of the final decision. Taylor failed to do so. Filing within the statutorily-mandated time is jurisdictional. |
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