Barber v. Burke
This text of Barber v. Burke (Barber v. Burke) is published on Counsel Stack Legal Research, covering District Court, N.D. Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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
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