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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALBERT J. HAMILTON,

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Plaintiff,

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v.

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CLENDEHEN,

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Defendant.

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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.

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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.)

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

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demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.”

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Fed. R. Civ. P. 38(d).

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Defendant demanded a trial by jury in his answer filed on January 17, 2017. (ECF No. 67,

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Answer at 3:4-5.) 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:

February 13, 2017
UNITED STATES MAGISTRATE JUDGE

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