Hamilton v. Wasco State Prison, et al.

Filing 70

ORDER denying, without prejudice, Plaintiff's Motion for Bench Trial re 69 signed by Magistrate Judge Stanley A. Boone on 2/13/2017. (Lundstrom, T)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 ALBERT J. HAMILTON, 8 Plaintiff, 9 v. 10 CLENDEHEN, 11 Defendant. 12 13 14 Case No.: 1:15-cv-00661-AWI-SAB (PC) ORDER DENYING, WITHOUT PREJUDICE, PLAINTIFF’S MOTION FOR BENCH TRIAL [ECF No. 69] Plaintiff Albert J. Hamilton is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. 15 16 ) ) ) ) ) ) ) ) ) ) On February 10, 2017, Plaintiff filed an objection to Defendant’s demand for jury trial, and requests a bench trial in lieu of a jury trial. (ECF No. 69.) 17 Pursuant to Federal Rule of Civil Procedure 38(d), “[a] party waives a jury trial unless its 18 demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.” 19 Fed. R. Civ. P. 38(d). 20 Defendant demanded a trial by jury in his answer filed on January 17, 2017. (ECF No. 67, 21 Answer at 3:4-5.) Thus, in order to dispense with a trial by jury, Plaintiff must obtain consent from 22 Defendant. Accordingly, Plaintiff’s motion for a bench trial is DENIED, without prejudice. 23 24 25 26 IT IS SO ORDERED. Dated: February 13, 2017 UNITED STATES MAGISTRATE JUDGE 27 28 1

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