Davidson v. Outlaw et al
Filing
29
PROCESS ORDER directing Clerk to issue process for Nurse Gail, directing US Marshal to serve. Signed by Magistrate Judge Jane M. Virden on 7/11/19. (jla)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
JIMMY DAVIDSON
PLAINTIFF
VS.
CIVIL ACTION NO.: 3:18cv18-JMV
WARDEN TIMOTHY OUTLAW, ET AL.
DEFENDANTS
PROCESS ORDER
The Court conducted a hearing as outlined in Spears v McCotter, 766 F.2d 79 (5th Cir.
1985) in this case and finds that process should issue for defendant Nurse Gail.
It is ORDERED:
(1)
The clerk of the court will issue process for Nurse Gail, along with a copy of this
order and the order permitting the plaintiff to proceed in forma pauperis. The United States
Marshal Service will serve process upon the defendant under 28 U.S.C. § 1915(d), using good
faith efforts to identify and locate the proper person and obtain service by all approved alternative
means as provided by F.R.Civ.P. 4 and Miss.R.Civ.P. 4 if service by mail is unsuccessful. If the
defendant is located in another state, the Marshal Service must obtain service by that state’s law
governing service of process.
(2)
A scheduling order will be issued once the defendant has answered; the plaintiff
may not submit any discovery requests until the scheduling order has been entered.
(3)
In the event any damages or other moneys become payable to or for the benefit of
the plaintiff as a result of this litigation, whether by way of satisfaction of a judgment, compromise
settlement, or otherwise, the plaintiff remains liable to the United States for the reimbursement of
all court costs, fees and expenses which he has caused to be incurred in the course of this litigation,
and the United States will have a lien against any damages or other moneys until the United States
has been fully reimbursed for those court costs, fees and expenses by payment of them into the
court.
(4)
The plaintiff must acknowledge receipt of this order by signing the enclosed
acknowledgment form and returning it to the court within fourteen (14) days of this date.
(5)
The plaintiff’s failure to keep the court informed of his current address or to comply
with the requirements of this order may lead to dismissal of his lawsuit under Fed. R. Civ. P. 41(b),
for failure to prosecute and failure to comply with an order of the court.
SO ORDERED, this, the 11th day of July, 2019.
s/Jane M. Virden
U.S. MAGISTRATE JUDGE
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