Case Information

*1 Order Michigan Supreme Court

Lansing, Michigan March 31, 2017 Stephen J. Markman,

Chief Justice Robert P. Young, Jr. Brian K. Zahra

155339(32) Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, TERAH LEE STAMPS, a/k/a Justices TERAH LEE STAMPS BEY, Plaintiff-Appellant,

v SC: 155339

COA: 334483 MACOMB CORRECTIONAL FACILITY

WARDEN,

Defendant-Appellee.

___________________________________

On order of the Chief Justice, plaintiff-appellant’s motion for reconsideration of the order of March 17, 2017, is denied because it does not appear that the order was entered erroneously. Although Smith v Bennett, 365 US 708 (1961), holds that an application for a writ of habeas corpus cannot be rejected based on the prisoner’s inability to pay the full filing fee at the time of filing, plaintiff-appellant’s prison account statements indicated that he had sufficient funds to pay the initial partial filing fee under MCL 600.2963. Therefore, the Court did not err in administratively closing this case when plaintiff-appellant failed to pay the initial fee and provide a written statement acknowledging his responsibility to pay the balance of the filing fee.

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. March 31, 2017

jam Clerk