Opinion
362709
12-21-2022
Kevin Smith v. E C Brooks Correctional Facility Dental Staff
LC No. 2022-000901-NH
Mark T. Boonstra Presiding Judge, James Robert Redford, Christopher P. Yates Judges.
ORDER
Mark T. Boonstra Presiding Judge.
Pursuant to MCL 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, the March 2, 2022 order of the Muskegon Circuit Court is VACATED, and this matter is REMANDED to that court for reconsideration of the appellant's motion to waive fees. The trial court erred when it treated funds disbursed from appellant's prisoner account to pay court costs and appellant's restitution obligation as an available balance in plaintiff's prisoner account from which the filing fees for the underlying action could be paid. MCL 600.2963(4). On remand, appellant is DIRECTED to refile a copy of his complaint accompanied by an updated statement from his institutional account. The Muskegon Circuit Court shall then calculate the account's balance as of the date that appellant filed his original complaint and decide whether to waive payment of the filing fee or to require the appellant to pay a full or partial filing fee. MCL 600.2963(2), (3), and (4). This order has immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.