JONES v. DEPT. OF CORR., 120991 (Mich. 2002)

641 N.W.2d 854

JAMES JONES, Plaintiff-Appellee, v. DEPARTMENT OF CORRECTIONS, Defendant-Appellant.

No. 120991 (24) (25).Supreme Court of Michigan.
February 22, 2002.

COA: 236835

On order of the Court, the motion for immediate consideration is GRANTED. The motion for a stay is considered, and it is GRANTED. Ordinarily, the decision of the Court of Appeals disposing of an original action is not enforceable until after the expiration of the time for filing an application for leave to appeal to this Court, or, if such an application is filed, until after our disposition of the case. MCR 7.215(E)(1), (F)(1)(a). There do not appear to be exceptional circumstances in this case that justify immediate effectiveness of the Court of Appeals decision.

The defendant’s application for leave to appeal remains under consideration.

Kelly, J., would grant immediate consideration, but would deny the motion for a stay.

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