Opinion
SC 166980 (5)
05-15-2024
MARCUS D. MIDDLEBROOK, Plaintiff, v. ATTORNEY GRIEVANCE COMMISSION, Defendant.
AGC: 24-0427
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
On order of the Chief Justice, the motion to waive fees is considered and it 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 complaint filed with the Court to plaintiff.
Within 21 days of the date of this order, plaintiff must send to the Court:
1. the initial partial filing fee of $5.00, which is approximately 50% of appellant's average monthly deposits;
2. one copy of this order;
3. the complaint that was returned to appellant.
By doing so, plaintiff becomes responsible to pay the full $375 filing fee, plus the $25 original action fee, for a total of $400. If plaintiff fails to timely comply with this order, the complaint will be administratively dismissed and the case closed. If plaintiff timely complies with this order, the Department of Correction shall retain 50% of future monthly deposits made to his account until the $395 balance is paid. Upon collecting the balance, the department shall remit that amount to this Court.
Under MCL 600.2963(8), plaintiff may not file a new civil action or appeal in this Court until the filing fee in this case is paid in full.