Briley v. Ford et al

Filing 55

ORDER continuing the Evidentiary Hearing currently set for November 22, 2010 and cancelling the November 5, 2010 Witness Order, and directing the Clerk of the Court to correct the docket sheet to reflect a jury demand by the Plaintiff. Signed by Magistrate Judge Jerome T. Kearney on 11/15/10. (bkp)

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION EDDIE BRILEY, ADC #116921 v. C. FORD, et al. ORDER This matter is set for an Evidentiary Hearing on November 22, 2010 (Doc. No. 21). By Order dated November 5, 2010, this Court directed the attendance of Plaintiff and several requested witnesses at the hearing, and also directed the United States Marshal to issue a subpoena for witness Gary McNeill (Doc. No. 50). In scheduling this case for an Evidentiary Hearing, the Court relied on the docket sheet which reflected no jury demand by either party. However, the Court recently discovered that Plaintiff timely requested a jury trial on July 1, 2009 (Doc. No. 5). Therefore, the November 22, 2010 Evidentiary Hearing shall be continued, and the November 5, 2010 witness Order shall be cancelled. Accordingly, IT IS, THEREFORE, ORDERED that the November 22, 2010 Evidentiary Hearing in this matter is CONTINUED. IT IS FURTHER ORDERED that the November 5, 2010 Witness Order is CANCELLED. The Clerk of the Court is directed to correct the docket sheet in this case to reflect a jury demand by the Plaintiff. IT IS SO ORDERED this 15th day of November, 2010. 5:09-cv-00174-BSM-JTK DEFENDANTS PLAINTIFF

______________________________________ JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE