Smith v. Jaco et al

Filing 65

ORDER requesting a status update as to plaintiffs financial situation and ability to pay for the respective costs to his attendance at trial. Signed by Jane M Virden on 03/26/2014. (lec)

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

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

GAIL JACO, ET AL.

DEFENDANT

ORDER
This action for alleged breach of contract and fraudulent conveyance of real property
is before the court, sua sponte, for the purpose of obtaining an update on the plaintiff's ability to
pay for his transport from his place of current incarceration, Memphis, Tennessee, to trial on
September 22, 2014, in Oxford, Mississippi. By prior order [59] entered in this case on October
25, 2013, the court suggested it would ultimately be the Plaintiff’s responsibility to pay for any
expenses relative to his transportation to the Northern District of Mississippi for trial purposes.
But, it also expressed its intent to fully address the Plaintiff’s financial situation closer to the
aforementioned trial date. In anticipation thereof, the court requests a status update as to
plaintiff’s financial situation and ability to pay for the respective costs to his attendance at trial.
Specifically, the court seeks the following information:
(1) Whether, and what amount, the plaintiff has funds to pay for his transport to trial;
(2) Whether the plaintiff has been or will be released by the trial date of September 22,
2014; and
(3) Whether, and what efforts, the plaintiff has made to secure his attendance at trial by
video conference as an alternative in person attendance at trial.
The Plaintiff is directed to file a response with the requested updated information within

thirty (30) days of the date of this order. Plaintiff is warned that his failure to comply with the
requirements of this order may lead to sanctions up to and including the dismissal of his lawsuit
under Rule 41(b), Federal Rules of Civil Procedure, for failure to comply with an order of the
court.
SO ORDERED, this the 26th day of March, 2014.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE