Michigan Laws 600.5505 – Applicability of MCL 600.2963; conditions for dismissal
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(1) Section 2963 applies to civil actions concerning prison conditions.
(2) The court shall dismiss a case at any time, regardless of any filing fee that may have been paid, if the court finds any of the following:
Terms Used In Michigan Laws 600.5505
- Allegation: something that someone says happened.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Frivolous: means that term as defined in section 2591 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 600.5531
- Prison: means a facility that incarcerates or detains juveniles or adults accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of state or local law. See Michigan Laws 600.5531
- Prisoner: means a person subject to incarceration, detention, or admission to a prison who is accused of, convicted of, sentenced for, or adjudicated delinquent for violations of state or local law or the terms and conditions of parole, probation, pretrial release, or a diversionary program. See Michigan Laws 600.5531
- Relief: means all relief in any form that may be granted or approved by the court, and includes consent decrees but does not include private settlement agreements. See Michigan Laws 600.5531
(a) A prisoner‘s allegation of indigency is untrue.
(b) The action or appeal is frivolous.
(c) The action or appeal seeks monetary relief against a defendant who is immune from the requested relief.
(d) A prisoner fails to comply with subsection (1).