Opinion
SC 167196 (13) COA: 369034
06-12-2024
COREY ALLAN ASKEW, Plaintiff-Appellant, v. OAKS CORRECTIONAL FACILITY WARDEN, Defendant-Appellee.
Ingham CC: 18-000845-FC
Bridget M. McCormack, Chief Justice David F. Viviano, Chief Justice Pro Tem Stephen J. Markman Brian K. Zahra Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh, Justices
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. Plaintiff-appellant is not required to pay an initial partial fee given his average account deposit and balance.
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. For the appeal to continue, plaintiff-appellant must submit to the Court within 21 days one copy of the order and the returned application as acknowledgement of his responsibility to pay the $375.00 fee. Failure to do so will result in the appeal being administratively dismissed.
If plaintiff-appellant timely submits the order and application, monthly payments shall be made to the Department of Corrections in an amount of 50 percent of the deposits made to plaintiff-appellant's account until the payments equal the balance due of $375.00. That amount shall then be remitted to this Court.
Pursuant to MCL 600.2963(8), plaintiff-appellant cannot file further appeals in civil actions in this Court until the fee in this case is paid in full.