in Re Geeter ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
December 27, 2019 Bridget M. McCormack,
Chief Justice
160727 (23) David F. Viviano,
Chief Justice Pro Tem
In re GEETER Stephen J. Markman
Brian K. Zahra
___________________________________________ Richard H. Bernstein
CHARLES LAMONT GEETER, Elizabeth T. Clement
Plaintiff-Appellant, Megan K. Cavanagh,
Justices
v SC: 160727
COA: 350482
OAKLAND CIRCUIT COURT,
Defendant-Appellee.
___________________________________________/
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.
Initially, MCL 600.2963(8) does not bar the present application based on
outstanding fees appellant owes this Court in Geeter v Chippewa Corr Facility Warden,
SC 156253 under In re Jackson, 326 Mich. App. 629 (2018) because this application relates
to an underlying criminal case and it is manifest that appellant cannot currently pay the
outstanding fees.
Appellant is not required to pay an initial partial fee. However, for an appeal to be
filed, within 21 days of the date of this order, appellant shall submit a copy of this
order and refile the copy of the pleadings returned with this order. By doing this,
appellant becomes responsible to pay the $375.00 filing fee. Failure to comply with this
order shall result in the dismissal of this application.
If appellant timely refiles the pleadings, 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. This 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 27, 2019
izm
Clerk