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Current as of January 01, 2025 | Updated by Findlaw Staff
Sec. 5509. (1) The court shall review as soon as practicable a complaint in a civil action in which a prisoner seeks redress from a governmental entity or officer or employee of a governmental entity.
(2) On review, the court shall dismiss the complaint or a portion of the complaint if the court finds either of the following:
(a) The complaint or a portion of the complaint is frivolous.
(b) The complaint seeks monetary relief from a defendant who is immune from the requested relief.
(3) A defendant may waive the right to reply to an action brought by a prisoner. Notwithstanding any other law or rule of procedure, a waiver under this subsection does not constitute an admission of the allegations contained in the complaint. Relief shall not be granted to the plaintiff unless a reply has been filed.
(4) The court may require a defendant to reply to a complaint in a civil action concerning prison conditions if it finds that the plaintiff is likely to prevail on the merits.
(5) If, after reviewing the complaint, the court does not dismiss the complaint under this section, the court shall indicate in the record the reasons for that decision.
Cite this article: FindLaw.com - Michigan Compiled Laws, Chapter 600. Revised Judicature Act of 1961 § 600.5509 - last updated January 01, 2025 | https://codes.findlaw.com/mi/chapter-600-revised-judicature-act-of-1961/mi-comp-laws-600-5509/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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