Relonzo Phillips v. DeKalb County Assistant Public Defenders, et al.
DueProcess
COMES NOW Petitioner Relonzo Phillips, Pro Se, ("Petitioner") and files this Petition for Writ of Certiorari requesting that this Honorable Court grant Certiorari to consider two questions of "great importance": 1) Jurisdiction rendered or the lack thereof by the Prison Litigation Reform Act of 1996 ("PLRA") and 2) Clarification as to whether the Plaintiff who was in custody at the time of initial initiation of his suit, filing being DENIED, then released from custody and subsequently amended and filed his complaint ("Operative Complaint") still is or is not considered a "Prisoner" for the purposes of the Prison Litigation Reform Act of 1996 ("PLRA") subject to the jurisdictional discretionary appeals procedure: a) whether, as a matter of first impression in any court, the Court of Appeals properly obligated the Plaintiff to the requirements imposed by the Prison Litigation Reform Act of 1996 ("PLRA") whereas, an appeal in a civil action filed by a "Prisoner" must be initiated by filing an application for discretionary review rather than a direct appeal pursuant to O.C.G.A. 5-6-33(a)(1) of the lower court's judgement, the decision of the Court of Appeals to dismiss said Appeal based upon O.C.G.A. 42-12-8, referencing O.C.G.A. 5-6-35; Jones v Townsend, 267 Ga. 489, 490 (480 S.E. 2d 24)(1997); O.C.G.A. 42-12-3(4); Smoak v Dept. Human Resources, 221 Ga. App. 257 (471 S.E. 2d 60)(1996).
Whether the lower court erred in its application of the legal standard for determining standing to bring a claim under the Takings Clause of the Fifth Amendment