Summary
The Michigan Supreme Court denied a prisoner's motion to suspend filing fees, holding that MCL 600.2963 requires prisoners to be liable for filing fees in civil actions. The order mandates an initial partial payment followed by monthly deductions from the prisoner's account until the balance is paid. It also generally prohibits the prisoner from filing new civil actions or appeals until the fee is paid in full, pursuant to MCL 600.2963(8).
Topics
Practice areas
Questions Presented
- Whether the motion to suspend filing fees should be granted under MCL 600.2963.
Holdings
- The motion is denied because MCL 600.2963 requires that a prisoner pursuing a civil action be liable for filing fees.
Key quotations
“the motion to suspend fees is considered and it is DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be liable for filing fees.”
Factual background
The plaintiff-appellant, Jason Szymanski, is a prisoner who filed a civil action. He moved to suspend the filing fees. The Michigan Supreme Court denied the motion.
Procedural history
The case originated in Washtenaw Circuit Court (case 19-000503-AA) and was appealed to the Michigan Court of Appeals (COA: 350489). The Michigan Supreme Court addressed a motion to suspend filing fees filed by the appellant.
Remand instructions
Within 21 days of the date of this order, appellant shall pay to the Clerk of the Court the initial partial filing fee of $12.00; submit a copy of this order; and refile the copy of the pleadings returned with this order. Failure to comply with this order shall result in the appeal not being filed in this Court. If appellant timely complies with this order, 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 $363.00. That amount shall then be remitted to this Court. Generally, appellant may not file a new civil action or appeal in this Court until the filing fee in this case is paid in full. MCL 600.2963(8).