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CROMER v. BELLAMY CREEK CORRECTIONAL FACILITY WARDEN

SC: 160593. COA: 351049.

935 N.W.2d 354 (2019)

Edward James CROMER, Petitioner-Appellant, v. BELLAMY CREEK CORRECTIONAL FACILITY WARDEN, Respondent-Appellee.

Supreme Court of Michigan.

November 26, 2019.

Attorney(s) appearing for the Case

EDWARD JAMES CROMER, for Petitioner-Appellant, Pro Se.

LAURA L. MOODY , for BELLAMY CREEK CORRECTIONAL FACILITY WARDEN, Respondent-Appellee.

Order

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. Ordinarily, MCL 600.2963(8) would preclude appellant from seeking leave to appeal in this Court because of outstanding fees he owes in SC 144257. However, that statutory section cannot constitutionally be applied to bar an application regarding a complaint for habeas corpus. Smith v. Bennett,...

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