Richard v. Tallant et al

Filing 44

ORDER denying 28 Motion for Jury Trial. Signed by Honorable Barry A. Bryant on January 14, 2016. (mll)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION LOUIS EDWARD RICHARD v. PLAINTIFF Civil No. 4:14-cv-04027 JANA TALLANT, Jail Supervisor, Howard County Jail; JAILER BRIAN COOK; JAILER TARA GREEN; JAILER TAMMY ARNOLD; JAILER SHELBY MILLER; JAILER MISTY (last name unknown); JAILER SHAWN (last name unknown); JAILER ANDRE JONES; and JAILER DAWANDA SCHWOPE DEFENDANTS ORDER By order (ECF No. 25) entered on February 2, 2015, the Court found that Plaintiff had waived his right to a jury trial by not making a timely demand. Plaintiff has filed a second motion for jury trial (ECF No. 28). The gist of Plaintiff’s argument is that his failure to timely file a demand should be overlooked because of his pro se status. Plaintiff’s pro se status does not excuse him from complying with the Federal Rules of Civil Procedure. Ackra Direct Marketing, Corp. v. Fingerhut Corp., 86 F.3d 852, 856 (8th Cir. 1996)(“pro se representation does not excuse a party from complying . . . with the Federal Rules of Civil Procedure”). The Motion (ECF No. 28) is DENIED. IT IS SO ORDERED this 14th day of January 2016. /s/ Barry A. Bryant HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE

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