Cranford v. Badagon

Filing 61

ORDER DENYING Plaintiff's 60 Motion for Jury Trial as Premature, signed by Magistrate Judge Barbara A. McAuliffe on 4/29/2014. (Marrujo, C)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11
12
13
14

15
16
17
18

)
)
Plaintiff,
)
)
v.
)
)
ANGELA BADAGON, et al.,
)
)
Defendants.
)
_____________________________________ )
)
CONSOLIDATED ACTION
)
)
ARCHIE CRANFORD,

21
22
23
24

(ECF No. 60)

pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On December 17, 2013, the court
consolidated Cranford v. Badagon, 1:11-cv-00736 LJO BAM, with Cranford v. Perryman, et al., 1:13cv-00906 LJO BAM. This action now proceeds against Defendant Balcagon for excessive force in
violation of the Fourteenth Amendment and against Defendants Perryman and Harder for failure to
protect in violation of the Fourteenth Amendment.1
Due to the consolidation, on December 18, 2013, the Court vacated the Second Scheduling

25
26

ORDER DENYING PLAINTIFF’S MOTION FOR
JURY TRIAL AS PREMATURE

Plaintiff Archie Cranford (“Plaintiff”) is a civil detainee proceeding pro se and in forma

19
20

Case No.: 1:11-cv-00736 -LJO-BAM

Order, including the trial date, and issued an Amended Discovery and Scheduling Order. Pursuant to

27
1

28

Defendant Balcagon was sued erroneously as “Angela Badagon.” Defendant Harder was sued erroneously as “Charlotte
Havder.”

1

1

that order, the deadline to complete discovery regarding the claim against Defendants Perryman and

2

Harder was March 22, 2014, and the deadline to file dispositive motions was April 24, 2014.
On April 23, 2014, Defendants Perryman and Harder filed a motion for summary judgment.

3
4

(ECF No. 59.) Thereafter, on April 28, 2014, Plaintiff filed the instant motion requesting that the

5

court set this matter for a jury trial.2 (ECF No. 60.)

6

Plaintiff’s motion is premature. The Court will not set a jury trial in this matter until after

7

resolution of the pending motion for summary judgment. At that time, any remaining claims and

8

defendants in this action will be finalized and the matter may be set for trial. Accordingly, Plaintiff’s

9

motion to set a jury trial is DENIED.

10

IT IS SO ORDERED.

11

Dated:

12

/s/ Barbara

April 29, 2014

A. McAuliffe

_

UNITED STATES MAGISTRATE JUDGE

13
14

15
16
17
18
19
20
21
22
23
24
25
26
27
2

28

As Plaintiff’s motion is premature and Defendants will not be prejudiced, the Court finds a response to Plaintiff’s motion
unnecessary. Local Rule 230(l).

2