State Treasurer v. Robert L Henning

Opinion

Order Michigan Supreme Court Lansing, Michigan

August 25, 2020 Bridget M. McCormack, Chief Justice

David F. Viviano, Chief Justice Pro Tem

161887 161889 Stephen J. Markman Brian K. Zahra

Richard H. Bernstein Elizabeth T. Clement

STATE TREASURER, Megan K. Cavanagh, Plaintiff-Appellee, Justices

SC: 161887

v COA: 352129 Chippewa CC: 18-015223-CZ ROBERT L. HENNING, Defendant-Appellant,

and

DETOUR DRUMMOND COMMUNITY CREDIT UNION, Defendant.

________________________________________

STATE TREASURER, Plaintiff-Appellee,

SC: 161889

v COA: 352130 Chippewa CC: 18-015292-CZ ROBERT L. HENNING, Defendant-Appellant,

and

AMERIPRISE FINANCIAL SERVICES, INC., and DAWN GIBBONS, Power of Attorney, Defendants.

________________________________________/

On order of the Chief Justice, the motion to waive fees is DENIED because MCL 600.2963 requires that a prisoner pursuing a civil action be liable for filing fees.

Appellant is not required to pay an initial partial fee. However, for these appeals to continue, within 28 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 as acknowledgement of his responsibility to pay a single $375.00 filing fee. Failure to do so shall result in the appeal being administratively dismissed.

If appellant timely complies with this order, 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 $375.00. That amount shall then be remitted to this Court.

Generally, appellant may not file a new civil action or appeal in this Court until the filing fee in this case is paid in full. MCL 600.2963(8).

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.

August 25, 2020

Clerk