MAN LEWIS JR V ATTORNEY GENERAL
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
MAN LEWIS, JR.,
UNPUBLISHED
January 6, 1998
Petitioner-Appellant,
v
No. 198530
Saginaw Circuit Court
LC No. 96-014235 AP
ATTORNEY GENERAL,
Respondent-Appellee.
Before: MacKenzie, P.J., and Hood and Hoekstra, JJ.
MEMORANDUM.
Petitioner appeals as of right from an order dismissing his criminal complaint pursuant to MCR
2.102(D) and (E). We affirm.
Petitioner correctly points out that the clerk erroneously relied on MCR 2.102 to dismiss his
complaint. MCR 2.102 applies only to civil actions. MCR 2.101; MCR 6.001(D); 1 Martin, Dean &
Webster, Michigan Court Rules Practice (3d ed), p 58. Nevertheless, reversal is unwarranted. The
circuit court lacked jurisdiction to entertain the complaint because the complaint was not filed with the
Saginaw County Prosecutor’s written approval endorsed on the complaint, MCR 6.101(C); MCL
764.1; MSA 28.860(1); People v Stackpoole, 144 Mich App 291, 300-301; 375 NW2d 419
(1985), and because the complaint was not accompanied by a security for costs filed with the circuit
court as is required when the complaint is brought by a private citizen, MCR 6.101(C); People v
Herrick, 216 Mich App 594, 597 n 1; 550 NW2d 541 (1996); People v Joker, 63 Mich App 421,
428-430; 234 NW2d 550 (1975). Defendant’s status as an indigent does not excuse him from the
obligation of filing the security. Joker, supra.
Affirmed.
/s/ Barbara B. MacKenzie
/s/ Harold Hood
/s/ Joel P. Hoekstra
-1
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.