Smith v. Jaco et al

Filing 55

ORDER for the purpose of notifying the Plaintiff he must seek a writ of habeas corpus ad testificandum to secure his attendance at the trial set on November 18, 2013, in Oxford. Signed by Jane M Virden on 10/07/2013. (lec)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
DELTA DIVISION
MICHAEL W. SMITH
V.

PLAINTIFF
CIVIL ACTION NO. 2:12-cv-75-GHD-JMV

GAIL JACO, ET AL.

DEFENDANT

ORDER
This matter is before the court, sua sponte, for the purpose of notifying the Plaintiff, Mr.
Michael W. Smith, of certain prerequisites to his potential attendance at the trial set on
November 18, 2013, in Oxford, Mississippi. Inasmuch as Mr. Smith is incarcerated, it will be
necessary for him to seek to have a writ of habeas corpus ad testificandum issued directing his
transport to and from for the scheduled trial. The grant of such a request is discretionary with the
court. A ruling thereon will be made as soon as is practical following a writ application, if any,
filed by Mr. Smith.
Mr. Smith must file the writ of habeas corpus ad testificandum application by October 18,
2013. If such application is not received, he waives any potential opportunity to be present at the
scheduled trial. Mr. Smith must include in such request for writ of habeas corpus ad
testificandum his anticipated release date for time served in connection with any conviction and
an estimate of his available financial resources to cover the costs inherent in his transport to and
from the subject trial.
It is hereby ORDERED that Mr. Smith will petition the court for a writ of habeas corpus
ad testificandum by October 18, 2013, requesting an order to permit his attendance at the trial in

this matter as set forth herein, or if such petition is not received, waive any potential opportunity
to be present at the scheduled trial.
SO ORDERED this 7th day of October 2013.
/s/Jane M. Virden
UNITED STATES MAGISTRATE JUDGE

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