Michael Ward v. Bellamy Creek Correctional Facility Warden ( 2014 )


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  • Order                                                                           Michigan Supreme Court
    Lansing, Michigan
    April 17, 2014                                                                        Robert P. Young, Jr.,
    Chief Justice
    Michael F. Cavanagh
    Stephen J. Markman
    Mary Beth Kelly
    149084 (29)                                                                                 Brian K. Zahra
    Bridget M. McCormack
    David F. Viviano,
    MICHAEL WARD,                                                                                         Justices
    Plaintiff-Appellant,
    v                                                          SC: 149084
    COA: 318723
    BELLAMY CREEK CORRECTIONAL FACILITY
    WARDEN, DEPARTMENT OF CORRECTIONS,
    STATE OF MICHIGAN and MONTCALM CIRCUIT
    COURT JUDGE,
    Defendants-Appellees.
    ___________________________________
    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 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 US 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
    2
    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.
    April 17, 2014
    jam
    Clerk
    

Document Info

Docket Number: 149084

Filed Date: 4/17/2014

Precedential Status: Precedential

Modified Date: 10/30/2014