Hillman Simmons v. Department of Corrections

Michigan Supreme Court

Hillman Simmons v. Department of Corrections

DecidedApril 21, 2020

Docket161195

StatusPublished

This text of Hillman Simmons v. Department of Corrections (Hillman Simmons v. Department of Corrections) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hillman Simmons v. Department of Corrections, (Mich. 2020).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

April 21, 2020 Bridget M. McCormack, Chief Justice

161195 David F. Viviano, Chief Justice Pro Tem

HILLMAN SIMMONS, Stephen J. Markman Brian K. Zahra Plaintiff-Appellant, Richard H. Bernstein Elizabeth T. Clement v SC: 161195 Megan K. Cavanagh, Justices COA: 351927 DEPARTMENT OF CORRECTIONS and Montcalm CC: 19-124910-AH CARSON CITY CORRECTIONAL FACILITY WARDEN, Defendant-Appellee. _______________________________________/

On order of the Chief Justice, the motion to waive fees is considered and it is DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be liable for filing fees. Appellant has provided an initial partial fee of $25.00. Within 21 days of the date of this order, appellant shall submit a copy of this order and refile the copy of the pleadings returned with this order. Failure to comply with this order shall result in the dismissal of this application. If appellant timely refiles the pleadings, monthly payments shall be made to the Department of Corrections in the amount of 50 percent of the deposits made to appellant’s account until the payments equal the balance due of $350.00. This amount shall then be remitted to this Court. Pursuant to MCL 600.2963(8) appellant shall not file a new civil action or appeal in this Court until the entry fee in this case is paid in full. The Clerk of the Court shall furnish two copies of this order to appellant and return a copy of appellant’s pleadings with this order.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. April 21, 2020 Clerk

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Order Michigan Supreme Court Lansing, Michigan

April 21, 2020 Bridget M. McCormack, Chief Justice

161195 David F. Viviano, Chief Justice Pro Tem

HILLMAN SIMMONS, Stephen J. Markman Brian K. Zahra Plaintiff-Appellant, Richard H. Bernstein Elizabeth T. Clement v SC: 161195 Megan K. Cavanagh, Justices COA: 351927 DEPARTMENT OF CORRECTIONS and Montcalm CC: 19-124910-AH CARSON CITY CORRECTIONAL FACILITY WARDEN, Defendant-Appellee. _______________________________________/

On order of the Chief Justice, the motion to waive fees is considered and it is DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be liable for filing fees. Appellant has provided an initial partial fee of $25.00. Within 21 days of the date of this order, appellant shall submit a copy of this order and refile the copy of the pleadings returned with this order. Failure to comply with this order shall result in the dismissal of this application. If appellant timely refiles the pleadings, monthly payments shall be made to the Department of Corrections in the amount of 50 percent of the deposits made to appellant’s account until the payments equal the balance due of $350.00. This amount shall then be remitted to this Court. Pursuant to MCL 600.2963(8) appellant shall not file a new civil action or appeal in this Court until the entry fee in this case is paid in full. The Clerk of the Court shall furnish two copies of this order to appellant and return a copy of appellant’s pleadings with this order.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. April 21, 2020 Clerk

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Hillman Simmons v. Department of Corrections, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hillman-simmons-v-department-of-corrections-mich-2020.