Opinion
SC: 165148 COA: 361817
01-25-2023
Orlando PEAY, Plaintiff-Appellant, v. OAKS CORRECTIONAL FACILITY WARDEN, Defendant-Appellee.
Order
On order of the Chief Justice, the request of plaintiff-appellant to the waive the filing fee is DENIED because MCL 600.2963 requires that 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 plaintiff-appellant.
Within 21 days of the date of this order, plaintiff-appellant must send to the Court:
1. the initial partial filing fee of $85.00, which is approximately 50% of plaintiff-appellant's average monthly deposits;
2. one copy of this order; and
3. the application that was returned to plaintiff-appellant.
By doing so, plaintiff-appellant becomes responsible to pay the full $375 statutory filing fee. If plaintiff-appellant fails to timely comply with this order, the application will be administratively dismissed and the case closed. If plaintiff-appellant timely complies with this order, the Department of Correction shall retain 50% of future monthly deposits made to plaintiff's account until the $290 balance is paid. Upon collecting the balance, the department shall remit that amount to this Court.
Under MCL 600.2963(8), plaintiff-appellant may not file a new civil action or appeal in this Court until the filing fee in this case is paid in full.