Phillip E Jones v. Dept of Corrections

Michigan Supreme Court

Phillip E Jones v. Dept of Corrections

DecidedApril 14, 2008

Docket136221

StatusPublished

This text of Phillip E Jones v. Dept of Corrections (Phillip E Jones v. Dept 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.

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Phillip E Jones v. Dept of Corrections, (Mich. 2008).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

April 14, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly 136221 (30) Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, Justices PHILLIP E. JONES,

Plaintiff-Appellant,

v SC: 136221 CoA: 279712 DEPARTMENT OF CORRECTIONS,

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. Within 21 days of the certification of this order, plaintiff shall pay to the Clerk of the Court the initial partial filing fee of $41.00, shall submit a copy of this order with the payment, and shall refile the copy of the pleadings which is being returned with this order. Failure to comply with this order shall result in the appeal not being filed in this Court. If plaintiff timely files the partial fee and refiles the pleadings, monthly payments shall be made to the Department of Corrections in an amount of 50 percent of the deposits made to plaintiff’s account until the payments equal the balance due of $334.00. This amount shall then be remitted to this Court. Pursuant to MCL 600.2963(8) plaintiff shall not file further appeals 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 plaintiff and return plaintiff’s pleadings with this order.

I, Corbin R. Davis, 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 14, 2008 _________________________________________ jm Clerk

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Order Michigan Supreme Court Lansing, Michigan

April 14, 2008 Clifford W. Taylor, Chief Justice

Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly 136221 (30) Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman, Justices PHILLIP E. JONES,

Plaintiff-Appellant,

v SC: 136221 CoA: 279712 DEPARTMENT OF CORRECTIONS,

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. Within 21 days of the certification of this order, plaintiff shall pay to the Clerk of the Court the initial partial filing fee of $41.00, shall submit a copy of this order with the payment, and shall refile the copy of the pleadings which is being returned with this order. Failure to comply with this order shall result in the appeal not being filed in this Court. If plaintiff timely files the partial fee and refiles the pleadings, monthly payments shall be made to the Department of Corrections in an amount of 50 percent of the deposits made to plaintiff’s account until the payments equal the balance due of $334.00. This amount shall then be remitted to this Court. Pursuant to MCL 600.2963(8) plaintiff shall not file further appeals 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 plaintiff and return plaintiff’s pleadings with this order.

I, Corbin R. Davis, 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 14, 2008 _________________________________________ jm Clerk

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