James Jackson v. Tennessee Department of Correction, et al.

A prisoner in the custody of the Tennessee Department of Correction filed a pro se petition for common law writ of certiorari in the trial court seeking to contest the prison disciplinary board’s findings. The department filed a motion to dismiss for lack of subject matter jurisdiction, citing the petition’s lack of notarization, its failure to state that it was the first application for the writ, and the prisoner’s failure to file it within sixty (60) days of the administrative action. The trial court granted the department’s motion to dismiss. The prisoner filed a motion for a new trial asserting that he complied with Tennessee Rule of Civil Procedure 5.06. The trial court denied the motion. The prisoner timely filed an appeal to this court. We affirm the dismissal of the petition.