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Gregory Richard Mox v. Saginaw Correctional Facility Warden

Citation: Not availableDocket: 149475

Court: Michigan Supreme Court; June 12, 2014; Michigan; State Supreme Court

Original Court Document: View Document

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The Michigan Supreme Court issued an order regarding the case of Gregory Richard Mox against the Saginaw Correctional Facility Warden. The court denied Mox's motion to waive filing fees, citing MCL 600.2963, which mandates that a prisoner pursuing a civil action is responsible for filing fees. Despite this, the court determined that applying this statute to prevent Mox from seeking leave to appeal his habeas corpus complaint would infringe upon his rights under the Equal Protection Clause of the Fourteenth Amendment.

The court instructed that Mox has 21 days from the certification of the order to submit a copy of it to the court, at which point he will be liable for the $375 filing fee. If he fails to submit the order within the timeframe, his appeal will not be processed. The court will hold Mox's pleadings until he complies with this requirement. Importantly, Mox is not obligated to pay an initial partial fee when submitting the order. The Department of Corrections is ordered to collect 50% of monthly deposits to Mox's account until the total of $375 is remitted to the court. Furthermore, Mox is prohibited from filing further civil appeals until the entry fee for this appeal is fully paid.