Opinion
361081
05-31-2022
Josef Cadwell v. Department of Corrections
LC No. 21-000380-AA
ORDER
Michael F. Gadola, Chief Judge Pro Tem, acting under MCR 7.211(E)(2), orders:
The motion to waive the entry fee is DENIED because MCL 600.2963 mandates that a prisoner pursuing a civil action be liable for the filing fees.
Within 21 days after the date of this order, appellant shall pay to the Clerk of the Court the initial partial filing fee of $98, shall submit a copy of this order with the payment, and shall refile the pleadings which are being returned with this order If appellant timely files the partial fee and refiles the pleadings, appellant generally may not file another new civil appeal or original action in this Court until such time that either the Department of Corrections remits or appellant pays the entire outstanding balance due. MCL 600.2963(8). Failure to comply with this order shall result in the appeal not being filed in this Court and appellant not being responsible for paying the filing fee.
If appellant timely files the partial fee and refiles the pleadings, monthly payments shall be made to the Department of Corrections in an amount of 50 percent of the deposits made to appellant's account until the payments equal the balance due of $277. This amount shall then be remitted to this Court. Again, appellant generally may not file either a new civil appeal or an original action until appellant pays the entire outstanding balance due. MCL 600.2963(8).
The motion to waive the electronic filing system fee is DISMISSED as moot as appellant is not responsible for that fee in this case.
The Clerk of this Court shall furnish two copies of this order to appellant and return appellant's pleadings with this order.