Layton v. MDOC

Filing 6

ORDER Directing Plaintiff to Prepay the Filing Fee or to Apply for Permission to Proceed in forma pauperis. Signed by District Judge Terrence G. Berg. (AChu)

Case 2:20-cv-13428-TGB-KGA ECF No. 6, PageID.14 Filed 12/22/21 Page 1 of 5

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

MICHAEL LAYTON,
Plaintiff,
vs.
MDOC,
Defendant.

2:20-cv-13428-TGB-KGA
HON. TERRENCE G. BERG
ORDER DIRECTING
PLAINTIFF TO PREPAY THE
FILING FEE OR TO APPLY
FOR PERMISSION TO
PROCEED IN FORMA
PAUPERIS

This matter initially came before the Court on plaintiff Michael
Layton’s handwritten letter in which he seeks compassionate release
from a state prison. ECF No. 1. Plaintiff failed to pay the filing fee or to
apply for leave to proceed without prepaying the fee, and he did not
respond to the magistrate judge’s order regarding the deficiency.
Nevertheless, because it appears that Plaintiff may not have received the
magistrate judge’s order, the Court will direct Plaintiff to prepay the
applicable fees or to apply for permission to proceed without prepaying
the fees.

Case 2:20-cv-13428-TGB-KGA ECF No. 6, PageID.15 Filed 12/22/21 Page 2 of 5

I. BACKGROUND
Plaintiff Michael Layton is a state prisoner at the G. Robert Cotton
Correctional Facility (“JCF”) in Jackson, Michigan. On December 21,
2020, he mailed his handwritten letter to the Clerk of this Court. See ECF
No. 1, PageID.7. On January 7, 2021, the Clerk’s Office received the
letter, see id., and on January 19, 2021, a deputy clerk docketed the letter
as a new civil rights complaint with a filing date of December 21, 2020.
See docket entry for December 21, 2020.
In his letter, Layton alleges that the coronavirus known as COVID19 is especially dangerous for individuals with pre-existing respiratory
and auto-immune deficiencies. ECF No. 1, PageID.1. He claims to be at
risk of being infected with COVID-19 because he has multiple chronic
health conditions. Id. at PageID.2.
Layton further alleges that five prisoners in his unit at JCF tested
positive for COVID-19, and that on November 9, 2020, an off-site
appointment to have his heart pacemaker examined was postponed due
to a quarantine at JCF. Id. at PageID.3. After the quarantine was lifted,
Layton asked to have his pacemaker examined, but only cancer patients
were permitted to leave the prison. Id. Layton argues that compassionate
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release from prison is warranted in his case because he cannot get the
medical help he needs. Id. at PageID.4.
II. DISCUSSION
Layton did not pay the filing fee for his case. Nor did he apply for
permission to proceed without prepaying the fees and costs for this
action. Therefore, on January 26, 2021, United States Magistrate Judge
R. Steven Whalen ordered Layton to pay the filing and administrative
fees or to apply for permission to proceed without prepaying the fees. ECF
No. 4. Magistrate Judge Whalen advised Layton that failure to do so
within thirty days could result in the dismissal of this case. Id.
Layton has not complied with Magistrate Judge Whalen’s order,
but on January 27, 2021, he notified the Court of a change in his address.
ECF No. 5. The new address is his home address in Redford, Michigan.
See id. The notice, however, was mailed from JCF, and public records
maintained by the Michigan Department of Corrections indicate that
Layton remains incarcerated at JCF.1 It, therefore, appears to the Court
that Layton merely wants the Court to use his home address as his
mailing address.

1

See https://mdocweb.state.mi.us/OTIS2/otis2profile.aspx?mdocNumber=197212.
3

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It is also possible that Layton did not receive Magistrate Judge
Whalen’s deficiency order. Accordingly, the Court orders Layton either
to pay the filing fee of $350.00 plus an administrative fee of $52.00 to the
Clerk of this Court or to apply for permission to proceed without
prepaying the fees and costs for this lawsuit.
The Court is enclosing the necessary form for Plaintiff Layton to
complete and return if he is unable to prepay the filing and
administrative fees. Layton must attach to the form a certified statement
of his trust fund account at JCF for the previous six months.
After receipt of the fees or a proper application to proceed without
prepaying the fees, the Court will screen Plaintiff Layton’s initial letter,
or any amended complaint that he may wish to file, pursuant to 28 U.S.C.
§§ 1915(e)(2) and 1915A. Failure to comply with this order within thirty
(30) days of the date of this order could result in the dismissal of this
case. This Order only will be served on Plaintiff Layton at the G. Robert
Cotton Correctional Facility and at the Redford, Michigan address
identified by Plaintiff as his current mailing address at ECF No. 5,
PageID.12. All further docket entries in this matter will be served on
Plaintiff Layton only at the Redford, Michigan address listed on the
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docket unless Plaintiff notifies the Court of a subsequent change of
address.
SO ORDERED this 22nd day of December, 2021.
BY THE COURT:
/s/Terrence G. Berg
TERRENCE G. BERG
United States District Judge

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