Steven Carter v. Gus Harrison Correctional Facility Warden ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
September 19, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
154316 (25) David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
STEVEN CARTER, Justices
Plaintiff-Appellant, SC: 154316
COA: 331883
v
GUS HARRISON CORRECTIONAL
FACILITY WARDEN,
Defendant-Appellee.
___________________________________
On order of the Chief Justice, plaintiff’s motion for reconsideration of the August
24, 2016 order requiring an initial partial filing fee is granted. Ordinarily, MCL
600.2963(8) would preclude plaintiff from seeking leave to appeal in this Court because
of an inability to provide the initial partial fee. 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 becomes responsible for paying 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
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Court from civil cases initiated by him until the entry fee in this appeal 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.
September 19, 2016
jam
Clerk