Opinion
SC: 166461 COA: 166461
12-20-2023
Terry Wayne WILLIAMS, Plaintiff-Appellant, v. STATE of Michigan and Chippewa Correctional Facility Warden, Defendants-Appellees.
Ct of Claims: 22-000203-MA
Order
On order of the Chief Justice, the motion to waive fees is DENIED because MCL 600.2963 requires that 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 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.
Within 21 days of the date of this order, plaintiff-appellant must send to the Court:
1. the initial partial filing fee of $79.00, which is approximately 50% of plaintiffs average monthly deposits;
2. one copy of this order;
3. the application that was returned to plaintiff-appellant.
By doing so, plaintiff-appellant becomes responsible to pay the full $375 filing fee. If plaintiff-appellant fails to timely comply with this order, the application will be administratively dismissed, and the case closed. If plaintiff-appellant timely complies with this order, the Department of Correction is to retain 50% of future monthly deposits made to plaintiff-appellant’s account until the $296.00 balance is paid in full. Upon collecting the entire balance, the department is to remit the funds to this Court.
Under MCL 600.2963(8), plaintiff-appellant is precluded from filing a new civil action or civil appeal in this Court until the filing fee in this case is paid in full.