Opinion
358665
10-08-2021
Omar Odale Brockman v. Muskegon Correctional Facility Warden
LC No. 2021-002118-AH
ORDER
Michael F. Gadola, Judge, acting under MCR 7.211(E)(2), orders:
The motion to waive fees 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, plaintiff shall pay to the Clerk of the Court the initial partial filing fee of $42, and shall submit a copy of this order with the payment. Because appellant's action was electronically filed, payment of the $42 entry fee shall also be deemed to constitute resubmission of appellant's pleadings within the meaning of MCL 600.2963(1). If plaintiff timely pays the partial fee, plaintiff 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 plaintiff pays the entire outstanding balance due. MCL 600.2963(8). Failure to comply with this order shall result in the original complaint not being filed in this Court and plaintiff not being responsible for paying the filing fee or electronic filing system fee.
If plaintiff timely pays the partial fee, monthly payments shall be made to the Department of Corrections in an amount of 50 percent of the deposits made to plaintiffs account until the payments equal the balance due of $358 for payment of the $400 total of the $375 filing fee and $25 electronic filing system fee. The balance due shall then be remitted to this Court. Again, plaintiff generally may not file either a new civil appeal or an original action until plaintiff pays the entire outstanding balance due. MCL 600.2963(8).
The Clerk of this Court shall furnish two copies of this order to plaintiff and return plaintiffs pleadings with this order.