Opinion
362887
04-25-2023
PEOPLE OF MICHIGAN v. BENJAMIN BERNARD PRINGLE
LC No. 08-011748-01-FC
ORDER
Elizabeth L. Gleicher, Chief Judge, acting under MCR 7.201(B)(3), orders:
The application for leave to appeal is DISMISSED for failure to pursue the case in conformity with the rules. MCR 7.201(B)(3) and 7.216(A)(10). The Clerk of this Court provided notice regarding the nature of the defect in this filing on four occasions, and the defect was not corrected in a timely manner by providing this Court with the judgment of sentence. After retained counsel expressed difficulty obtaining the document from the trial court, the Clerk instructed counsel to file a statement with the Court to that effect, so that the Clerk could work with counsel to make progress on this case. Counsel failed to file the requested statement and the Clerk sent a final letter informing counsel that, if progress was not made on this file, counsel may be removed from the case and assessed costs. To this date, counsel has failed to provide the Court with either the judgment of sentence or the requested statement. Counsel having abandoned the appeal, this Court now dismisses the case without prejudice to whatever other relief may be available consistent with the Court Rules.
Retained counsel is assessed costs of $250 for failing to pursue this case on appeal. MCR 7.219(I). Costs are personal to counsel and shall not be charged to appellant.
The Clerk is directed to serve a copy of this order on appellant by U.S. mail at his last known address. To protect his appellate rights, appellant may consider requesting that the trial court reissue the judgment of sentence in this case, which will have the effect of restarting any applicable appellate timelines.