JOSE MONTIEL V ATTORNEY GRIEVANCE COMMISSION

Michigan Supreme Court
Lansing, Michigan
Megan K. Cavanagh,
Chief Justice
Brian K. Zahra
Richard H. Bernstein
Elizabeth M. Welch
Kyra H. Bolden
Kimberly A. Thomas
Noah P. Hood,
Justices
Order
June 12, 2026
SC: 170036 (5)
AGC: 25-0895
_________________________
JOSE MONTIEL,
Plaintiff,
v
ATTORNEY GRIEVANCE COMMISSION,
Defendant.
___________________________________________
On order of the Chief Justice, plaintiff is not entitled to a fee waiver because MCL
600.2963 requires a prisoner who is pursuing a civil action to pay a partial fee of either
50% of the average monthly deposits or the average monthly balance for the past 12
months, whichever is greater. The Clerk of the Court is directed to provide two copies of
this order and one copy of the complaint filed with the Court to plaintiff.
Within 21 days of the date of this order, plaintiff must send to the Court:
1. the initial partial filing fee of $5.00, which is approximately 50% of plaintiff’s
average monthly deposits;
2. one copy of this order;
3. the complaint that was returned to plaintiff.
By doing so, plaintiff becomes responsible to pay the full $400 filing fee. If plaintiff
fails to timely comply with this order, the complaint will be administratively dismissed and
the case closed. If plaintiff timely complies with this order, the Department of Corrections
shall retain 50% of future monthly deposits made to plaintiff’s account until the $395.00
balance is paid. Upon collecting the balance, the department shall remit this amount to this
Court.
Under MCL 600.2963(8), plaintiff may not file a new civil action or appeal in this
Court until the filing fee in this case is paid in full.
I, Elizabeth Kingston-Miller, 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.
Clerk
June 12, 2026

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