Summary
Michigan Supreme Court order denying a prisoner's motion to waive filing fees, holding that MCL 600.2963 requires prisoners pursuing civil actions to be liable for fees. The court directed the appellant to pay an initial $20 partial fee and then 50% of monthly deposits until the $355 balance is paid, with failure to comply resulting in dismissal. Under MCL 600.2963(8), the appellant is barred from filing new civil actions or appeals until the fee is fully paid.
Topics
Questions Presented
- Whether the court should waive filing fees for a prisoner under MCL 600.2963.
Holdings
- The motion to waive fees is denied because MCL 600.2963 requires that a prisoner pursuing a civil action be liable for filing fees.
Key quotations
“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.” (Order)
Factual background
The plaintiff, Robert Edward Terrell, is a prisoner who sought to waive filing fees in the Michigan Supreme Court for a civil action against the Kalamazoo Circuit Court.
Procedural history
Plaintiff-appellant, a prisoner, filed a civil action in the Kalamazoo Circuit Court and sought to waive filing fees on appeal to the Michigan Supreme Court.
Remand instructions
Appellant shall pay $20 partial fee within 21 days, refile pleadings, and make monthly payments until balance of $355 is paid. Failure to comply results in dismissal.