Wilson v. Wexford Health Sources et al

Filing 7

ORDER Spears Hearing set for 6/13/2016 09:30 AM in Greenville Courtroom 2 before Magistrate Judge Jane M. Virden.. Signed by Magistrate Judge Jane M. Virden on 5/16/16. (rel)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
JACK B. WILSON

PLAINTIFF

v.

No. 4:16CV91-SA-JMV

WEXFORD HEALTH SOURCES
CEO & President, ET AL.

DEFENDANT(S)

ORDER SETTING SPEARS HEARING
After reviewing the pro se complaint submitted by the plaintiff, it is
ORDERED:
1.

No process will issue until after the Spears hearing which is set for Monday,

June 13, 2016 at 9:30 A.M. at 305 Main Street, Federal Building, Third Floor, Courtroom
No. 2, Greenville, Mississippi, before United States Magistrate Judge Jane M. Virden.
2.

The courtroom has video conference capability. The Mississippi Department of

Corrections (“MDOC”) may transport the plaintiff to the courthouse or to any video conference
facility within MDOC; the decision will be left to MDOC discretion in light of safety and
budgetary concerns. The proceeding will be recorded by audio recording device. Witnesses will
be sworn by the deputy clerk, who will be present in the courtroom.
3.

The defendants must have available their counsel, the plaintiff’s administrative

record, and a representative capable of identifying and authenticating the administrative record.
If the plaintiff has claimed injury, the plaintiff’s medical records and a witness able to interpret
them must be available, and the defendants must forward a certified copy of the plaintiff’s
medical records to the court no later than 14 days before the Spears hearing.
4.

The plaintiff may not propound discovery requests to the defendants until

permitted to do so by the court.
5.

If the plaintiff is awarded damages or other funds as a result of this litigation,

whether by way of satisfaction of a judgment, compromise, settlement, or otherwise, the plaintiff

will remain 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 such damages or other moneys until the United States has been fully
reimbursed for those court costs, fees and expenses by payment into the court under 28 U.S.C. §
1915(d).
6.

The plaintiff must acknowledge receipt of this order by signing the enclosed

acknowledgment form and returning it to the court within 14 days of this date.
The plaintiff is warned that failure to keep the court informed of his current address may
result in the dismissal of this lawsuit.
The plaintiff is also warned that his failure to comply with the requirements of this order
may lead to the dismissal of this lawsuit under Rule 41(b), Federal Rules of Civil Procedure, for
failure to prosecute and failure to comply with an order of the court.

THIS the 16th day of May, 2016.
/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE

2

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
DERRICK SUMRALL

PLAINTIFF

v.

No. 4:16CV47-SA-JMV

MARCUS DAVIS, ET AL.

DEFENDANT(S)

ACKNOWLEDGMENT OF RECEIPT
I, Plaintiff, hereby acknowledge that I have this day received a copy of: ORDER
SETTING SPEARS HEARING dated

This, the

day of

, 2016.

PLAINTIFF

Please return this Acknowledgment Form to:
Clerk, U.S. District Court
Pro Se Law Clerk
301 W. Commerce St. #13
Aberdeen, MS 39730