Smith v. Jaco et al

Filing 86

ORDER for the purpose of obtaining a status update on the Plaintiff's ability to pay for the costs of his transportation to trial. Signed by Magistrate Judge Jane M. Virden on 08/04/2014. (lec)

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

PLAINTIFF

VS

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 obtaining a status update on
the Plaintiff's ability to pay for the costs of his transportation to trial. Plaintiff is currently
incarcerated in a Tennessee Department of Corrections Facility in Whiteville, Tennessee, and the
trial is set in Oxford, Mississippi. This court has repeatedly asked the Plaintiff to inform the
court of his financial situation so that a determination could be made on whether he is able to pay
for his transportation costs to trial. However, the court has yet to receive a definitive response.
If the Plaintiff is not able to pay his transportation costs, the court will undertake arrangements
for his appearance at trial via video conference.
Accordingly, IT IS ORDERED that:
(1) If and only if Plaintiff can attest to his ability to pay his estimated
transportation costs1 to the trial of this matter, Plaintiff should file a petition for a
Writ of Habeas Corpus ad Testificandum within ten (10) days of this order. In
such event, payment of the transportation costs will be required in advance of the
trial; and
(2) If Plaintiff is unable to attest to his ability to pay the necessary costs in
advance, Plaintiff should not file a petition for a Writ of Habeas Corpus ad
Testificandum within the aforementioned ten (10) day period. In that event, the
1

At this time, the court cannot provide an exact estimate of the costs of transportation. However, such costs may amount up to $2,000.

court will then move forward with securing Plaintiff’s attendance at trial via video
conference.
SO ORDERED, this the 4th day of August, 2014.
/s/ Jane M. Virden
__
UNITED STATES MAGISTRATE JUDGE