Opinion
4:21CV4-NBB-JMV
07-28-2021
DEMETRIUS BARBER PLAINTIFF v. JAMES BURKE, ET AL. DEFENDANTS
ORDER DENYING PLAINTIFF'S MOTION [14] FOR A SPEARS HEARING
JANE M. VIRDEN UNITED STATES MAGISTRATE JUDGE
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.