Opinion
357409
11-09-2021
Jeffery B Allison v. Lakeland Correctional Facility Warden
LC No. 2021-030076-AH
Brock A. Swartzle, Michelle M. Rick Judges
ORDER
Stephen L. Borrello Presiding Judge
On the Court's own motion, in lieu of dismissing the claim of appeal because it was not timely filed within 21 days after entry of the May 4, 2021 order appealed from, MCR 7.204(A)(1)(a), the claim of appeal is treated as a delayed application for leave to appeal.
Appellant shall file a brief in support of the delayed application for leave to appeal substantially conforming to the requirements of MCR 7.212(C), and proof of service of that brief on appellee's counsel, within 56 days after the date of this order. Appellee may timely file an answer to the delayed application within 21 days after service of appellant's supporting brief. See MCR 7.205(C). If appellee files such an answer appellant may file a reply brief within 21 days after service of the answer. MCR 7.205(D); MCR 7.212(G). Thereafter, the delayed application will be submitted to the Court for a decision. MCR 7.205(E).
Failure by appellant to timely file the supporting brief required by this order may result in placement of the case on the involuntary dismissal docket without further notice to the parties. See MCR 7.217.