Opinion
SC: 165258 COA: 362105.
03-31-2023
Andrew Lee-Leo HILL, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS, Defendant-Appellee.
Order
On order of the Chief Justice, the motion of plaintiff-appellant to waive the Court-ordered initial partial fee of $4.00 is DENIED. As indicated in this Court's order of March 3, 2023, 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 certificate of prisoner account activity submitted by plaintiff-appellant with his original motion to waive fees shows that his average monthly deposit for the past six months was $8.68. Although the certificate showed an account balance of $0 at the time it was issued, it also showed that plaintiff-appellant regularly received deposits at the middle of every month of more than $10.00 typically. For that reason, plaintiff-appellant's request to proceed without paying an initial partial fee of $4.00 is rejected. Plaintiff-appellant shall have an additional 21 days to submit the partial fee or else his case will be administratively dismissed.