JEFFREY R BURNETT V FIFTIETH JUDICIAL CIRCUIT COURT
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STATE OF MICHIGAN
COURT OF APPEALS
JEFFREY R. BURNETT,
UNPUBLISHED
March 12, 2002
Plaintiff-Appellant,
v
FIFTIETH JUDICIAL CIRCUIT COURT,
MAYOR WILLIAM LYNN, CITY OF SAULT
STE. MARIE, SAULT STE. MARIE POLICE
DEPARTMENT, MICHAEL WHITNE, and
STEVE CANNELLO,
No. 233416
Chippewa Circuit Court
LC No. 99-004152-CZ
Defendants-Appellees.
Before: Bandstra, P.J., and Murphy and Murray, JJ.
MEMORANDUM.
Plaintiff appeals as of right from an order dismissing his complaint for failure to comply
with court orders. We affirm. This appeal is being decided without oral argument pursuant to
MCR 7.214(E).
On appeal, plaintiff argues that the trial court erred in granting summary disposition of
his claim under the Persons With Disabilities Civil Rights Act, MCL 37.1101 et seq., because the
claim was not frivolous, citing Rangel v Univ of Michigan, 157 Mich App 563; 403 NW2d 836
(1987). However, the trial court did not dismiss plaintiff’s civil rights claim on the ground of
frivolousness; the court expressly reserved any ruling on the viability of that claim and then
dismissed the balance of the action. The dismissal of the civil rights claim more than a year later
was based on plaintiff’s failure to follow the court’s order to pay costs. On this record, we find
no abuse of discretion in the trial court’s decision. MCR 2.114; MCR 2.504.
Affirmed.
/s/ Richard A. Bandstra
/s/ William B. Murphy
/s/ Christopher M. Murray
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