Freddie Bills Jr v. Bellamy Creek Correctional Facility Warden ( 2014 )

Order Michigan Supreme Court
Lansing, Michigan
December 1, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
150514(38) Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
FREDDIE BILLS, JR., Justices
Plaintiff-Appellant,
v SC: 150514
COA: 322054
BELLAMY CREEK CORRECTIONAL
FACILITY WARDEN,
Defendant-Appellee.
___________________________________
On order of the Chief Justice, 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(8) would preclude a prisoner from filing a new application for
leave to appeal in this Court when there is an outstanding balance owed for a prior civil
appeal. However, applying that statutory section to bar plaintiff from initiating an
application for leave to appeal from the original complaint for habeas corpus filed in the
court of appeals would violate the Equal Protection Clause of the Fourteenth
Amendment. Smith v Bennett, 365 U.S. 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 acknowledges his responsibility to pay 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 and any prior civil
appeals 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 1, 2014
jam
Clerk