Puckett v. Brandon

Filing 40

ORDER DENYING 39 Plaintiff's Motion for Court Trial signed by Magistrate Judge Stanley A. Boone on 3/10/2016. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DURRELL A. PUCKETT,

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Plaintiff,

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v.

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K. BRANDON,

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Defendant.

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Case No.: 1:14-cv-00290-AWI-SAB (PC)
ORDER DENYING PLAINTIFF’S MOTION
FOR COURT TRIAL
[ECF No. 39]

Plaintiff Durrell A. Puckett is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s motion for a bench trial, filed March 4, 2016. Pursuant

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to Federal Rule of Civil Procedure 38(d), “[a] party waives a jury trial unless its demand is properly

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served and filed. A proper demand may be withdrawn only if the parties consent.” Fed. R. Civ. P.

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38(d).

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Defendant demanded a trial by jury in her answer filed on September 2, 2014. (ECF No. 12,

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Answer at 3:2-3.) Thus, in order to dispense with a trial by jury, Plaintiff must obtain consent from

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Defendant. Accordingly, Plaintiff’s motion for a bench trial is DENIED, without prejudice.

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IT IS SO ORDERED.
Dated:

March 10, 2016
UNITED STATES MAGISTRATE JUDGE

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