Hall v. USA

Filing 19

ORDER re 2 Complaint filed by Jesse L Hall including a jury demand. This action shall be set for an Evidentiary Hearing, without a jury, in accordance with the statutory requirements set forth in this Order. A separate Scheduling Order shall issue. Signed by Magistrate Judge Jerome T. Kearney on 5/21/12. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
EASTERN DIVISION
JESSE L. HALL,
REG. #12126-035
v.

PLAINTIFF
2:11-cv-00012-BSM-JTK

UNITED STATES OF AMERICA

DEFENDANT
ORDER

This case is ready to be set for trial. Plaintiff has made a jury demand (Doc. No. 2), to which
Defendant has objected (Doc. No. 17).
Plaintiff filed this action against Defendant pursuant to the Federal Tort Claims Act (FTCA),
28 U.S.C. § 2671, et seq. According to § 2402 of the Act, an action against the United States under
section 1346 “shall be tried by the court without a jury....” Actions filed pursuant to section 1346
(b)(1) include civil actions filed against the United States for money damages for injury or loss of
property, such as the Complaint filed by Plaintiff Hall.
Therefore, this action shall be set for an Evidentiary Hearing, without a jury, in accordance
with the statutory requirements. A separate Scheduling Order shall issue.
IT IS SO ORDERED this 21st day of May, 2012.

______________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE