Barber v. Burke

Opinion

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

DEMETRIUS BARBER PLAINTIFF

v. No. 4:21CV4-NBB-JMV

JAMES BURKE, ET AL. DEFENDANTS

ORDER DENYING PLAINTIFF’S MOTION [14] FOR A SPEARS HEARING This matter comes before the court on the plaintiff’s motion [14] for a hearing as set forth in Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985). The court had previously set a Spears hearing, but later canceled the hearing. A Spears hearing is for the court’s benefit; it allows the court to ask the pro se plaintiff questions to clarify his claims. In this case, the plaintiff’s claims were clear, and the court deemed a Spears hearing to be unnecessary. As the court has already decided not to conduct a Spears hearing, the instant motion [14] is DENIED. SO ORDERED, this, the 28th day of July, 2021.

/s/ Jane M. Virden UNITED STATES MAGISTRATE JUDGE