Hamilton v. Wasco State Prison, et al.

Filing 83

ORDER OVERRULING 73 Plaintiff's Objection to Court's Order Denying Request for Bench Trial signed by Magistrate Judge Stanley A. Boone on 3/7/2017. (Jessen, A)

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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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ORDER OVERRULING PLAINTIFF’S
OBJECTION TO COURT’S ORDER DENYING
REQUEST FOR BENCH TRIAL
[ECF No. 73]

pursuant to 42 U.S.C. § 1983.
Currently before the Court is Plaintiff’s objection to the Court’s February 3, 2017, order

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Case No.: 1:15-cv-00661-AWI-SAB (PC)

Plaintiff Albert J. Hamilton is appearing pro se and in forma pauperis in this civil rights action

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denying, without prejudice, his request for a bench trial, filed March 6, 2017.
On February 13, 2017, the Court denied, without prejudice, Plaintiff’s motion for a bench trial

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noting that Defendant demanded a trial by jury in his answer and in order to dispense with a trial by

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jury, Plaintiff must obtain the consent from Defendant. By way of his current motion, Plaintiff seeks

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consent from Defendant to a bench trial. Plaintiff is advised that if and when Defendant consents to a

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bench jury a stipulation signed by both parties may be submitted to the Court, and Plaintiff should not

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seek consent from Defendant by way of motion filed with the Court. Accordingly, Plaintiff’s

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objection to the Court’s February 13, 2017, order is overruled.

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IT IS SO ORDERED.

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Dated:

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March 7, 2017
UNITED STATES MAGISTRATE JUDGE

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