Narrative Opinion Summary
The Michigan Supreme Court addressed a civil action initiated by a prisoner, Timothy Eric Clark, Jr., against the Warden of Carson City Correctional Facility and other defendants. Central to the case was the application of MCL 600.2963, which governs the responsibility of prisoners for filing fees in civil actions. Clark's request to waive these fees was denied, and he was ordered to pay an initial partial filing fee of $47.00 within 21 days and subsequently make monthly payments equivalent to 50% of his account deposits until the total fee of $328.00 was satisfied. Non-compliance with the payment directive would result in his appeal not being filed. Moreover, under MCL 600.2963(8), Clark is barred from filing further appeals until the entry fee is fully paid. The court also instructed the Clerk to provide Clark with copies of the order and return his pleadings. This decision underscores the statutory obligations of prisoners regarding legal fee payments and the procedural consequences of non-compliance.
Legal Issues Addressed
Administrative Duties of the Clerk of the Courtsubscribe to see similar legal issues
Application: The Clerk of the Court is tasked with providing copies of the order and returning pleadings to the plaintiff.
Reasoning: The Clerk of the Court is responsible for providing two copies of this order to Clark and returning his pleadings.
Consequences of Non-compliance with Filing Fee Requirementssubscribe to see similar legal issues
Application: The court specified that failure to comply with the fee payment requirements would result in the appeal not being filed.
Reasoning: Failure to comply will result in his appeal not being filed.
Filing Fees for Prisoners Under MCL 600.2963subscribe to see similar legal issues
Application: The court applied the statute requiring prisoners to cover filing fees, mandating an initial partial payment and subsequent monthly payments based on account deposits.
Reasoning: The court denied Clark's motion to waive fees for his civil action, citing MCL 600.2963, which mandates that prisoners are responsible for filing fees.
Prohibition on Future Appeals for Unpaid Feessubscribe to see similar legal issues
Application: Clark is prohibited from filing further appeals until the filing fee is fully paid, as stipulated by the statute.
Reasoning: Furthermore, under MCL 600.2963(8), Clark cannot file any further appeals in the court until the entry fee is fully paid.