Jobe v. Mississippi Department of Corrections et al
PROCESS ORDER directing Clerk to issue process for Dr. Juan Santos and NursePractitioner Angela Brown, and directing U.S. Marshal to serve. Signed by Magistrate Judge David A. Sanders on 7/15/21. (cb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
MISSISSIPPI DEPARTMENT OF CORRECTIONS
SUPERINTENDENT MARSHALL TURNER
STEPHEN WHEELER (CENTURION)
DOCTOR JUAN SANTOS
NURSE PRACTITIONER ANGELA BROWN
MDOC MEDICAL DIRECTOR GLORIA PERRY
The court conducted a hearing as outlined in Spears v. McCotter, 766 F.2d 179 (5th Cir.
1985) in this case and finds that process should issue for defendants Dr. Juan Santos and Nurse
Practitioner Angela Brown.
It is ORDERED:
The clerk of the court will issue process for Dr. Juan Santos and Nurse
Practitioner Angela Brown, 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 this
defendant under to 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.
If defendants or their counsel would like to receive a digital copy or a transcript
of the Spears hearing, which by its nature constitutes part of the plaintiff's complaint, they must
contact the Clerk’s Office to make such arrangements.
A scheduling order will be issued once the defendants have answered; the plaintiff
may not submit any discovery requests until the scheduling order has been entered.
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.
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.
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 15th day of July, 2021.
/s/ David A. Sanders
DAVID A. SANDERS
UNITED STATES MAGISTRATE JUDGE
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