Boyd v. Spencer et al

Filing 8

ORDER Spears Hearing set for 9/9/2021 09:30 AM in Greenville Courtroom 2 Video Conference before Magistrate Judge Jane M. Virden. Signed by Magistrate Judge Jane M. Virden on 4/1/2021. (cb)

Case: 4:21-cv-00035-GHD-JMV Doc #: 8 Filed: 04/01/21 1 of 2 PageID #: 57

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
DEAN C. BOYD

PLAINTIFF

V.

NO. 4:21-cv-00035-GHD-JMV

BARRY SPENCER, 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 Tuesday,

September 9, 2021 at 9:30 a.m. by video 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 facility holding the

plaintiff, whether a jail or MDOC, may transport the plaintiff to the federal 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 plaintiff may not propound discovery requests to the defendants until

permitted to do so by the court.
4.

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).

Case: 4:21-cv-00035-GHD-JMV Doc #: 8 Filed: 04/01/21 2 of 2 PageID #: 58

5.

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 1st day of April, 2021
/s/ Jane M. Virden
JANE M. VIRDEN
UNITED STATES MAGISTRATE JUDGE

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