Order Michigan Supreme Court
Lansing, Michigan
August 13, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
149532 (32) Justices
RANDALL A. RAAR,
Plaintiff-Appellant,
v SC: 149532
COA: 319423
KINROSS CORRECTIONAL FACILITY WARDEN,
Defendant-Appellee.
___________________________________
On order of the Chief Justice, the motion for reconsideration is DENIED. The
holding in Smith v Bennett, 365 US 708, 710 (1961), was based in part on the U.S.
Supreme Court's earlier decision in Burns v Ohio, 360 US 252, 253 (1959), which held
that a state cannot “constitutionally require that an indigent defendant in a criminal case
pay a filing fee before permitting him to file a motion for leave to appeal in one of its
courts.” [Emphasis added.] Although Smith v Bennett precludes a court from refusing to
docket and decide a habeas corpus action because of the inability to pay the filing fee,
nothing in the decision mandates that there be a complete waiver of court fees.
Accordingly, the Clerk shall retain plaintiff’s pleadings for an additional 21 days to allow
plaintiff to comply with the Court’s July 23, 2014 order.
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.
August 13, 2014
jam
Clerk
Randall a Raar v. Kinross Correctional Facility Warden
Combined Opinion