Conklin v. Zant

McMurray, Presiding Judge.

This is the second appearance of this inmate civil action before this Court. In Conklin v. Zant, 198 Ga. App. 543 (402 SE2d 319), this Court reversed a denial of filing of plaintiff Conklin’s complaint under OCGA § 9-15-2 (d). Upon remand to the superior court, plaintiff’s complaint was filed and then dismissed on defendant’s motion. Plaintiff now appeals the dismissal of his complaint. Held:

“ ‘A motion to dismiss for failure to state a claim is not to be granted unless under the pleadings, construed in a light most favorable to the plaintiff, plaintiff can establish…