Cranford v. Badagon

Filing 21

ORDER DENYING 20 Motion for Jury Trial signed by Magistrate Judge Barbara A. McAuliffe on 5/7/2013. (Sant Agata, S)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARCHIE CRANFORD, 12 Plaintiff, 13 14 v. ANGELA BADAGON, 15 Defendant. 16 17 ) Case No.: 1:11-cv-00736 -LJO-BAM ) ) ORDER DENYING MOTION FOR JURY TRIAL ) ) (ECF No. 20) ) ) ) ) ) Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee proceeding pro se and in forma 18 pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on 19 Plaintiff’s complaint, filed May 9, 2011, against Defendant Badagon for excessive force in violation of 20 the Fourteenth Amendment. Defendant Badagon filed an answer to the complaint on July 24, 2012. 21 On August 4, 2012, the Court issued a Discovery Order and Scheduling Order, which set the deadline 22 to complete discovery as April 1, 2013, and the deadline to file dispositive motions as June 10, 2013. 23 (ECF No. 13.) 24 On May 2, 2013, Plaintiff filed the instant motion for jury trial. In his motion, Plaintiff 25 indicates that as far as he is aware discovery in this matter is complete. Plaintiff therefore requests 26 that the Court set a jury trial in this matter within sixty (60) days. (ECF No. 20.) 27 As noted above, the deadline to file dispositive motions has not passed. The Court will not set 28 a trial date until after resolution of dispositive motions, if any, that are filed. Thereafter, the Court will 1 1 set a trial date only if the dispositive motions do not resolve this matter in its entirety. Accordingly, 2 Plaintiff’s motion for jury trial is DENIED as premature. 3 4 5 IT IS SO ORDERED. Dated: /s/ Barbara May 7, 2013 6 _ UNITED STATES MAGISTRATE JUDGE DEAC_Signature-END: 7 A. McAuliffe 10c20kb8554 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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