Order Michigan Supreme Court
Lansing, Michigan
December 10, 2018 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
158812(21) David F. Viviano
Richard H. Bernstein
Kurtis T. Wilder
Elizabeth T. Clement,
VERNON LENARD KATO, Justices
Plaintiff-Appellant,
SC: 158812
v COA: 344089
DEPARTMENT OF CORRECTIONS,
Defendant-Appellee.
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On order of the Chief Justice, the motion to waive fees is considered and it is
DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be liable
for filing fees.
Within 21 days of the certification of this order, plaintiff shall pay to the Clerk of
the Court an initial partial filing fee of $8.00, which is 50 percent of his average monthly
deposits for the past twelve months. Appellant must also submit a copy of this order with
the payment and must refile the pleadings that are being returned with this order as
acknowledgement of his responsibility to pay the balance of the filing fee. Failure to
comply with this order shall result in the appeal being administratively dismissed.
If appellant timely complies with this order, monthly payments shall be made to the
Department of Corrections in the amount of 50 percent of the deposits made to appellant’s
account until the payments equal the balance due of $375.00. That amount shall then be
remitted to this Court.
Pursuant to MCL 600.2963(8), appellant shall not file a new civil action or appeal
in this Court until the entry fee in this case is paid in full.
The Clerk of the Court shall furnish two copies of this order to appellant and return
a copy of appellant’s pleadings with this 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.
December 10, 2018
Clerk