Richard v. Tallant et al
ORDER denying 28 Motion for Jury Trial. Signed by Honorable Barry A. Bryant on January 14, 2016. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
LOUIS EDWARD RICHARD
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
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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