Starr v. CDCR

Filing 66

ORDER DENYING Demand for Speedy Trial 48 , 49 , signed by Magistrate Judge Gary S. Austin on 4/13/13. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ROBIN GILLEN STARR,

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Plaintiff,
vs.

1:11-cv-02108-AWI-GSA-PC
ORDER DENYING DEMAND
FOR SPEEDY TRIAL
(Docs. 48, 49.)

CDCR,
Defendant.

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Robin Gillen Starr (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights

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action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on

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December 22, 2011. (Doc. 1.)

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Now pending are Plaintiff’s demands for a speedy trial, filed on October 11, 2012.
(Docs. 48, 49.) Plaintiff demands a speedy trial in this action under the Sixth Amendment.
The Sixth Amendment to the U.S. Constitution is applicable to criminal prosecutions

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and provides that Athe accused shall enjoy the right to a speedy and public trial.@ U.S.Const.

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amend. VI (emphasis added). Plaintiff is advised that in a civil action, such as Plaintiff=s, there

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is no right to a speedy trial. Therefore, Plaintiff’s demands must be denied.

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Based on the foregoing, IT IS HEREBY ORDERED THAT Plaintiff’s demands for a
speedy trial under the Sixth Amendment, filed on October 11, 2012, are DENIED.

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IT IS SO ORDERED.

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Dated:

April 13, 2013

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

DEAC_Signature-END:

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