Hamilton v. Wasco State Prison, et al.
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)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ALBERT J. HAMILTON,
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.
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.)
Pursuant to Federal Rule of Civil Procedure 38(d), “[a] party waives a jury trial unless its
demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.”
Fed. R. Civ. P. 38(d).
Defendant demanded a trial by jury in his answer filed on January 17, 2017. (ECF No. 67,
Answer at 3:4-5.) Thus, in order to dispense with a trial by jury, Plaintiff must obtain consent from
Defendant. Accordingly, Plaintiff’s motion for a bench trial is DENIED, without prejudice.
IT IS SO ORDERED.
February 13, 2017
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?