Order Michigan Supreme Court
Lansing, Michigan
February 10, 2017 Stephen J. Markman,
Chief Justice
Robert P. Young, Jr.
Brian K. Zahra
Bridget M. McCormack
155275 (22) David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
In re SMITH Justices
__________________________________
DARRYL JEROME SMITH,
a/k/a DARYL JEROME SMITH,
Plaintiff-Appellant,
v SC: 155275
COA: 334531
WAYNE CIRCUIT COURT,
Defendant-Appellee.
___________________________________
On order of the Court, 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. Appellant is not required to pay an initial partial fee. However, for an appeal to be
filed, appellant must resubmit a copy of this order, and shall refile the copy of the
pleadings which is being returned with this order within 21 days. By doing this,
appellant becomes responsible for paying the $375.00 filing fee. Failure to comply with
this order shall result in the appeal not being filed in this Court.
If appellant timely refiles the pleadings, monthly payments shall be made to the
Department of Corrections in an amount of 50 percent of the deposits made to appellant’s
account until the payments equal the total amount of the filing fee stated above. That
amount shall then be remitted to this Court.
Pursuant to MCL 600.2963(8) plaintiff shall not file further appeals 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 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.
February 10, 2017
jam
Clerk