Order Michigan Supreme Court
Lansing, Michigan
December 12, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147956 (24) Mary Beth Kelly
Brian K. Zahra
KENNETH MOTT, Bridget M. McCormack
David F. Viviano,
Justices
Plaintiff-Appellant,
v SC: 147956
COA: 316716
KINROSS CORRECTIONAL FACILITY WARDEN,
Defendant-Appellee.
___________________________________
On order of the Chief Justice, the motion for reconsideration of Plaintiff’s motion
to waive fees is DENIED because MCL 600.2963 requires that a prisoner pursuing a civil
action be liable for filing fees. Ordinarily, MCL 600.2963 would preclude plaintiff from
seeking leave to appeal in this Court because of a failure to provide the initial partial fee,
as ordered. However, applying that statutory section to bar review of plaintiff’s original
complaint for habeas corpus in the Court of Appeals would violate the Equal Protection
Clause of the Fourteenth Amendment. Smith v Bennett, 365 US 708; 81 S Ct 895; 6 L
Ed 2d 39 (1961).
The Clerk shall furnish two copies of this order to plaintiff. Plaintiff has 21 days
from the certification of this order to submit one of those copies to this Court. By doing
that, plaintiff becomes responsible for paying the $375 filing fee. MCL 600.2963.
Failure to timely submit the order will result in the appeal not being docketed in this
Court. The Clerk shall retain plaintiff’s pleadings until he timely submits the order or the
21-day period for doing so has expired.
Plaintiff is not required to pay an initial partial fee at the time he submits the order
to this Court. The Department of Corrections is directed to collect amounts equal to 50
percent of the deposits made to plaintiff’s account each month and remit $375 to this
Court when that full amount is collected. Plaintiff may not file further appeals in this
Court from civil cases initiated by him until the entry fee in this appeal is paid in full.
MCL 600.2963(8).
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 12, 2013
jam
Clerk