Petition for Writ of Certiorari — Phillip A. Brown, II, Petitioner v. Cindi Curtin, Warden, et al.

t

IN THE

UNITED STATES SUPREME COURT

Supre

MAY 2 4 2022

PhilliH A. Brown II,

Petitioner,

Circuit Court

:

#

14-1876

•• -District Court

:

#

09-CV-14850

OfP/CEOF

v.

Cindi Curtin et al.,

Respondent.

.

Phillip A. Brown II - #271566

Pros Se

Muskegon Correctional Facility

2400 S. Sheridan Rd.

Muskegon, Michigan 49442

MOTION TO PROCEED IN FORMA PAUPERIS

Now comes Petitioner, Phillip A. Brown II, and moves this Court to GRANT

him in forma pauperis status in this Petition for writ of certiorari.

Petitioner states the following facts in support of this motion:

1) Petitioner cannot afford to pay the filing fees for this calle.

2) Petitioner is incarcerated in the Michigan Department of Corrections.

3) Petitioner has substantial and meritorious arguments for this Court.

Wherefore, the Petitioner respectfully asks this Court to WAIVE the

filing fee and costs in this case and GRANT him pauperis status.

Respectfully Submitted,

Ljp A.

RAMmJ-dP—

received

AUG 3 2022

I^clerk

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AFFIDAVIT OR DECLARATION

IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS

JP

I. Ph* LL.fi

/L__S &

rJt am the petitioner in the above-entitled case. In support of

my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay

the costs of this case or to give security therefor; and I believe I am entitled to redress.

1. For both you and your spouse estimate the average amount of money received from each of

the following sources during the past 12 months. Adjust any amount that was received

weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross

amounts, that is, amounts before any deductions for taxes or otherwise.

Income source

Average monthly amount during

the past 12 months

You

Amount expected

next month

Spouse

You

Spouse

Employment

$

7-0• oo

$

$.

$.

Self-employment

s

~~ 0

$.

$.

$.

Income from real property

(such as rental income)

$___^ 0 .

$.

$.

$.

Interest and dividends

$.

—o

$.

$.

$.

Gifts

$.

— hoo $.

$.

$.

Alimony

Child Support

Retirement (such as social

security, pensions,

annuities, insurance)

$_o $.

$_'— o $.

$.

$.

$.

$

$__r~ O $.

$.

$.

~0

$.

$.

Disability (such as social

$.

security, insurance payments)

$.

$.

$.

- 0 $.

Q $.

$.

$.

$.

0

$.

$.

$

,2,2 0-00 $

$.

$.

Unemployment payments

$.

Public-assistance

(such as welfare)

Other (specify):

Total monthly income:

$.

$.

2. List your employment history for the past two years, most recent first. (Gross monthly pay

is before taxes or other deductions.)

Employer

Address

Gross monthly pay

Dates of

Employment

A.I A

$.

s^ZQ^/zi

rr\tf

$.

20,00

3. List your spouse’s employment history for the past two years, most recent employer first.

(Gross monthly pay is before taxes or other deductions.)

Employer

N

Address

Gross monthly pay

Dates of

Employment

~ psl On £

$.

$.

$.

4. How much cash do you and your spouse have? $

'____________________

Below, state any money you or your spouse have in bank accounts or in any other financial

institution.

Type of account (e.g., checking or savings)

fY\h PC

TfWr

Amount you have

Amount your spouse has

$.

$.

$.

$.

$.

$.

/0>OQ

5. List the assets, and their values, which you own or your spouse owns. Do not list clothing

and ordinary household furnishings.

□ Other real estate

Value_________

□ Home

Value

□ Motor Vehicle #1

Year, make & model

Value

□ Other assets

Description _

Value_____

,

^

□ Motor Vehicle #2

Year, make & model

Value___________

6. State every person, business, or organization owing you or your spouse money, and the

amount owed.

Person owing you or

your spouse money

Amount owed to you

Amount owed to your spouse

$.

$.

$.

$.

$.

$.

7. State the persons who rely on you or your spouse for support. For minor children, list initials

instead of names (e.g. “J.S.” instead of “John Smith”).

Name

/\^ iO

Relationship

Age

UT

8. Estimate the average monthly expenses of you and your family. Show separately the amounts

paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or

annually to show the monthly rate.

Rent or home-mortgage payment

(include lot rented for mobile home)

Are real estate taxes included? □ Yes □ No

Is property insurance included? □ Yes □ No

You

Your spouse

$.

$.

Utilities (electricity, heating fuel,

water, sewer, and telephone)

$.

Home maintenance (repairs and upkeep)

$.

zzA

Food

$.

* JO 0

Clothing

$.

-0

$.

Laundry and dry-cleaning

$.

-0

$.

Medical and dental expenses

$.

^0

$.

&

$.

$.

$.

*\

Your spouse

You

Transportation (not including motor vehicle payments)

$.

Recreation, entertainment, newspapers, magazines, etc.

$.

-0

$.

$.

Insurance (not deducted from wages or included in mortgage payments)

Homeowner’s or renter’s

$.

-0

$.

Life

$.

-J&

$.

Health

$.

Motor Vehicle

$.

Other:

$.

$.

-P)

$.

$.

Taxes (not deducted from wages or included in mortgage payments)

$.

-0

$.

Motor Vehicle

$.

—0

$.

Credit card(s)

$.

$.

Department store(s)

$.

$.

Other:

$.

-J0

$.

Alimony, maintenance, and support paid to others

$.

-A

$.

Regular expenses for operation of business, profession,

or farm (attach detailed statement)

$.

(specify):

Installment payments

Other (specify):

L (OPii£S ¥

Total monthly expenses:

Pc&l

$.

$.

$.

#30

I'srjQ-

$.

$.

A

9. Do you expect any major changes to your monthly income or expenses or in your assets or

liabilities during the next 12 months?

□ Yes

If yes, describe on an attached sheet.

10. Have you paid - or will you be paying - an attorney any money farservices in connection

with this case, including the completion of this form? □ Yes M No

If yes, how much?______________________

If yes, state the attorney’s name, address, and telephone number:

11. Have you paid—or will you be paying—anyone other than an attorney (such as a paralegal or

a typist) any money for services in connection with this case, including the completion of this

form?

□ Yes

jXN°

If yes, how much?

If yes, state the person’s name, address, and telephone number:

12. Provide any other information that will help explain why you cannot pay the costs of this case.

X

I) ON)' I

|4ft\/E.

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my

I declare under penalty of perjury that the foregoing is true and correct.

Executed on:

u/i w

, 20 Z7.

~PkJip /I

JASON JONES

Notary Public, Muskegon County, Ml

My Commission Expires 12/17/25

Acting in the County of Muskegnri

' (Signature)

STATEcOF MICHIGAN - CIVIL ACTION

CERTIFICATE OF PRISONER ACCOUNT ACTIVITY

AND AFFIDAVIT REGARDING SUSPENSION OF PRISONER FEES/COSTS

Prisoner-Plaintiff/Petitioner/Appellant name and number

Defendant's/Respondent's/Appelee's name

BROWN, PHILLIP #271566

V

CINDI CURTIN

0

CERTIFICATE OF PRISONER ACCOUNT ACTIVITY

I am employed by the Michigan Department of Corrections at the facility identified below, at which the

prisoner identified as the Plaintiff/Petitioner/Appellant is currently incarcerated.

Attached is a computer printout which accurately reflects the current spendable balance and all activity

within this prisoner's account during the preceding twelve months or, if the prisoner has been

incarcerated for less than twelve months, for the period of incarceration. "Credit" represents a

withdrawal from the account and "Debit" represents a deposit to the account.

This Certificate of Prisoner Account Activity reflects, for the reported period, an average monthly

deposit (i.e., total deposits divided by number of months)

$260.33 , an average monthly

balance (i.e., total deposits less total withdrawals divided by number of months) of

($34.38) .

There is a current spendable account balance of

Date:

$227.57 .

0^---- TzS'/'/L

05/23/2022

Signature/Title

MUSKEGON CORRECTIONAL FACILITY

Note: Bottom section to be completed by prisoner and sent by prisoner to a IMpi Court

along with State civil pleading/claim of appeal.

AFFIDAVIT REGARDING SUSPENSION OF PRISONER FEES/COSTS

1. I am the Plaintiff/Respondent/Appellant in the attached pleading/petition/claim of appeal.

2. I am asking the Court for suspension of filing fees and costs because I am indigent as

reflected in the Certificate of Prisoner Account Activity and attached computer printout.

Prisoner's!Sigj$atu re

Subscribed and sworn to before me, a Notary Public

this

day of___________ ,______ .

My Commission Expires:

m ORDER TO COMPLY mm wuxv ki^OEST FOR A CERTIFICATE OF

PRISONER ACCOUNT ACTIVITY STATEMENT THE FOLLOWING

INFORMATION IS REQUIRED:

if

t- Inni ate .Nom.ber:

Inmate name:

4. NAME OFFLAINTEFFCS'l

PbalU P

5. NAME OP DEFENDANTSfE)

dlri j\i

2-"7 )

In yd

/Sijg. oWrJ

Cu/ZTirJ

6. NAME OF THE COURT(WHch is either County, District, or otherjurisdiction)

Case #(if known)______

EXAMPLES:

State Ccmrfs

OR

U5 *

<wr

(MI Court of Appeals; ME Supreme Court: County Courts

- District; Circuit, etc...) - 12month statement

‘ ■

federal Couit\

[Steel Stales District Court; TJS Supreme Court; US Court of Appeals

6 month statement

i

\

f

$

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*•

Daily Transaction Summary: May 23, 2021 - May 23, 2022

-

' Page 1

«T7HTTH>TTff7»rT'Pir>

Living Unit: Units

Cell: 113

Housing Facility: MCF

Offender Name: BROWN, PHILLIP ANTHONY

Primary Balance:

$227.57

Available Balance:

$227.57

t

Bed: A

Tier: 01

Account Status: Open

y,i

fc

Institution: MCF

. Offender Number. 0271566

r?iT7» <f'l .Lf.Ktft

□ate

Transaction Type

Payer/Paid To

GTL

PhB Brown

Voucher Number

Deposit

Balance Loc Code

Expense

$640.16

$685.18 .COF.

05/23/2021

[05/24/2021 05:10:16 AM

W5.00

Phone Credits

Global Tel

($40.00)

[05/3T/2021.04:00:01 AM

MEDICAL CO-PAY

HEALTH CARE CO-gAY

($4,66),.

.8640.32, COF.

06/02/2021 01:32:09 AM

Commissary Sale

05/25/2021 01:28:18 PM

06/02/2021 02:08:32 PM

Legal Copies Disbursement

[06/05/202101:31:16 AM ~ Commissary Sale

06/08/2021 08:26:45 AM

,

Legal Copies Disbursement

[06/10/2021 02:04:44" PM ~ Deduction Exempt • Slgma lET

($45.64)

$594.68 MCF

($45.00);

8549.68 MCF

MCF Institutional Services

($3.00)

$546.68 MCF

$6.66

$553.34 .MCF.

($1.00)

8552.34 MCF

Keefe Commissary

$5.00

$7.52

MCF-lnstitudonal Services

500 - Institutional Services

Phone Credits

Global Tel

Commissary Sale

Keefe Commissary

,06/15/2021 05:10:07.AM

GTL

Tamara Wood

06/22/2021 07:40:09 PM

Kiosk Request

JPaylnc.

GTL

Pha Brown

Phone Credits

Global Tel

07/06/2021 12:29:54 PM

[07/13/2021 01:32:07.AM ~ Commlssa ry Sale

07/13/2021 09:46:35 AM

r07/i 5/2021". 07:27:34 AM

07/16/2021 02:57:38 PM

($6.50)

$701.61 COF

$901.61 COF

.$200.00

C103959384

($60.00)

$841.61 MCF

($103.66)

.$737.93 MCF

$736.53 MCF

($1.40)

Phone Credits

Global Tel

(S40.00)

$717.05 MCF

JPay Inc.

($20.00)

£697.05 COF

$6.58

$703.63 MCF

Commissary Sale

Legal Copies Disbursement

Legal Copies Disbursement

Phone Credits

L07/27/20210i:3l":34 AM Commissary Sale

08/02/2021 05:10:12 AM

$408.11 MCF

, $708.11. COF,

$300.00

MCF-lnstitutional Services

[07/26/202108:16:22 AM__Miscellaneous VendorCheck

07/26/2021 03:35:19 PM

($56.75)

C103915851

500- Institutional Services

107/23/2021 09:05:20 AM Legal Copies Disbursement

07/23/2021 09:05:37 AM

$564.66 MCF

,$464.86. MCF

MCF Institutional Services

107/23/2021 08:24:02 AM Z Legal Copies Disbursement

07/23/2021 08:58:26 AM

Keefe Commissary

S557.34 MCF

i

Legal Stamps

[07/16/2021 07:40:24 PM Kiosk Request

07/17/2021 01:32:22 AM

C103891350,

KBO Med copay refund 3/18/21 K

06/14/2021 08:23:04 AM

[07/02/2021 05:10:13 AM

C103891350

MCF Institutional Services

[06/14/202112:59:41 PM

06/15/2021 01:31:33 AM

$645.18 MCF

Global Tel

Keefe Commissary

[p6/02/2021~0i :4l:35PM _ Phone Credits

’

GTL

Keefe Commissary

$20.52

C103959384

$757.05 MCF,

$701.63 .MCF.

MCF.Institutlonal Services,

MCF Institutional Services

($0.70)

$700.93 MCF

MCF Institutional Services

($0.90)

$700.03 MCF

MCF Institutional Services

($0.80)

$699.23 MCF

Music Manor.

($40.09)

$659.14 MCF

($50.00)

$609.14 MCF

Global Tel

Keefe Commissary

$20.00

Denise KeOy

Michigan Department Of Corrections • MCF

8510.34-MCF.

(S98.80),

C1039861.55:.

1

]

3

I

'

$530.34 COF

-f

.

.,5/23/2022 09:08 AM

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