Terah Lee Stamps v. MacOmb Correctional Facility Warden ( 2017 )

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