Narrative Opinion Summary
The Michigan Supreme Court issued an order regarding the case of Amy M. Ogilvie v. Eric Arlington Ogilvie. The court denied the defendant's motion to waive fees, citing MCL 600.2963, which mandates that prisoners pursuing civil actions are responsible for filing fees. The defendant is required to pay an initial partial filing fee of $1.00 within 21 days of the order's certification, along with a copy of the order and the refiled pleadings that have been returned. Failure to comply will result in the appeal not being filed. If the defendant complies, monthly payments of 50 percent of any deposits into the defendant's account will be made to the Department of Corrections until the total fee of $374.00 is paid. The defendant is prohibited from filing further civil appeals in this court until the full entry fee is paid. The Clerk of the Court will provide two copies of this order to the defendant and return the pleadings. The Clerk certified the order on August 6, 2013.
Legal Issues Addressed
Clerk's Duties and Order Certificationsubscribe to see similar legal issues
Application: The Clerk of the Court is responsible for providing the defendant with copies of the order and returning the pleadings, with the order certified on a specific date.
Reasoning: The Clerk of the Court will provide two copies of this order to the defendant and return the pleadings. The Clerk certified the order on August 6, 2013.
Consequence of Non-Compliance with Filing Fee Requirementssubscribe to see similar legal issues
Application: Failure to pay the required filing fee will result in the appeal not being filed.
Reasoning: Failure to comply will result in the appeal not being filed.
Filing Fee Responsibility for Prisonerssubscribe to see similar legal issues
Application: The court applies MCL 600.2963 to require prisoners pursuing civil actions to be responsible for filing fees.
Reasoning: The court denied the defendant's motion to waive fees, citing MCL 600.2963, which mandates that prisoners pursuing civil actions are responsible for filing fees.
Initial Partial Filing Fee Requirementsubscribe to see similar legal issues
Application: The defendant must pay an initial partial filing fee of $1.00 within 21 days to proceed with the appeal.
Reasoning: The defendant is required to pay an initial partial filing fee of $1.00 within 21 days of the order's certification, along with a copy of the order and the refiled pleadings that have been returned.
Monthly Payment Plan for Outstanding Feessubscribe to see similar legal issues
Application: If the defendant complies with the initial payment, 50 percent of monthly deposits into the defendant's account will be paid to the Department of Corrections until the total fee is satisfied.
Reasoning: If the defendant complies, monthly payments of 50 percent of any deposits into the defendant's account will be made to the Department of Corrections until the total fee of $374.00 is paid.
Restriction on Future Civil Appealssubscribe to see similar legal issues
Application: The defendant is restricted from filing further civil appeals in the court until the full entry fee is paid.
Reasoning: The defendant is prohibited from filing further civil appeals in this court until the full entry fee is paid.