Cranford v. Adams et al

Filing 36

ORDER DENYING 21 Plaintiff's Request for Immediate Trial, signed by Magistrate Judge Gary S. Austin on 3/19/18. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ARCHIE CRANFORD,

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Plaintiff,
v.

1:16-cv-00783-GSA-PC
ORDER DENYING PLAINTIFF’S REQUEST
FOR IMMEDIATE TRIAL
(ECF No. 21.)

TINA M. ADAMS, et al.,
Defendants.

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Archie Cranford (“Plaintiff”) is a civil detainee proceeding pro se and in forma pauperis

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with this civil rights action pursuant to 42 U.S.C. § 1983. This case now proceeds with

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Plaintiff’s initial Complaint, filed on June 6, 2016, against defendant Dunu Eyiuche (RN) on

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Plaintiff’s equal protection claim. (ECF No. 1.)

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It appearing that all parties to this action have consented to magistrate judge jurisdiction

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(ECF Nos. 5, 28), this case was assigned to Magistrate Judge Gary S. Austin on January 11,

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2018, for all purposes within the meaning of 28 U.S.C. § 636(c), to conduct any and all further

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proceedings in this case, including trial and entry of final judgment. (ECF No. 35.)

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On October 19, 2017, Plaintiff filed a motion for jury trial, in which he requested the

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court to schedule the trial for this case. (ECF No. 21.) Plaintiff asserts that because all

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discovery has been completed the court should schedule the trial and notify him of the name of
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the court, time of trial, courtroom, and the name of the hearing judge so that he can prepare for

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his witnesses to attend.

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It is not yet time for jury trial in this case. On October 25, 2017, Defendant filed a

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motion for summary judgment which is pending before the court and must be resolved before

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trial is scheduled. When the time for trial is appropriate the court will sua sponte schedule the

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trial and notify the parties. Therefore, Plaintiff does not need to file a motion when it is time

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for the trial to be scheduled.

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Accordingly, it is HEREBY ORDERED that Plaintiff’s motion for the court to
immediately schedule a jury trial for this case, filed on October 19, 2017, is DENIED.

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IT IS SO ORDERED.
Dated:

March 19, 2018

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

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