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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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Plaintiff,

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v.
ANGELA BADAGON,

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Defendant.

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) Case No.: 1:11-cv-00736 -LJO-BAM
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) ORDER DENYING MOTION FOR JURY TRIAL
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) (ECF No. 20)
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Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee proceeding pro se and in forma

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pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action is proceeding on

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Plaintiff’s complaint, filed May 9, 2011, against Defendant Badagon for excessive force in violation of

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the Fourteenth Amendment. Defendant Badagon filed an answer to the complaint on July 24, 2012.

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On August 4, 2012, the Court issued a Discovery Order and Scheduling Order, which set the deadline

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to complete discovery as April 1, 2013, and the deadline to file dispositive motions as June 10, 2013.

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(ECF No. 13.)

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On May 2, 2013, Plaintiff filed the instant motion for jury trial. In his motion, Plaintiff

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indicates that as far as he is aware discovery in this matter is complete. Plaintiff therefore requests

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that the Court set a jury trial in this matter within sixty (60) days. (ECF No. 20.)

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As noted above, the deadline to file dispositive motions has not passed. The Court will not set

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a trial date until after resolution of dispositive motions, if any, that are filed. Thereafter, the Court will
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set a trial date only if the dispositive motions do not resolve this matter in its entirety. Accordingly,

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Plaintiff’s motion for jury trial is DENIED as premature.

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IT IS SO ORDERED.
Dated:

/s/ Barbara

May 7, 2013

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_

UNITED STATES MAGISTRATE JUDGE
DEAC_Signature-END:

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A. McAuliffe

10c20kb8554

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