Opinion
SC: 165639 COA: 364011
05-12-2023
Astavian Dntae MCMILLIAN, Plaintiff-Appellant, v. G. ROBERT COTTON CORRECTIONAL FACILITY WARDEN, Defendant-Appellee.
Order
On order of the Chief Justice, the motion to waive fees is DENIED because MCL 600.2963 requires a prisoner pursuing a civil action to pay a partial fee of either 50% of the average monthly deposits or the average monthly balance for the past 12 months, whichever is greater. The Clerk of the Court is directed to provide two copies of this order and one copy of the application filed with the Court to appellant.
Appellant is not required to pay an initial partial fee. However, within 21 days of the date of this order, appellant must send to the Court:
1. one copy of this order; and
2. the application that was returned to appellant.
By doing so, appellant becomes responsible to pay the full $375 filing fee. If appellant fails to timely comply with this order, the application will be administratively dismissed and the case closed. If appellant timely complies with this order, the Department of Corrections shall retain 50% of future monthly deposits made to appellant's account until the $375 balance is paid. Upon collecting the balance, the department shall remit this amount to the Court.
Under MCL 600.2963(8), appellant may not file a new civil action or appeal in this Court until the filing fee in this case is paid in full.