DICKERSON v. ADAMS

Filing 76

ORDER denying as moot 69 Motion for jury trial. Signed by Chief Judge J. Randal Hall on 11/02/2018. (jlh) Modified on 11/2/2018 (jlh).

IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

THOMAS RAY DICKERSON,

*
*

Plaintiff/

*
*

V.

*

CV 617-109

*

WARDEN ROBERT ADAMS/ Jenkins
Correctional Facility; WARDEN
ADAM JORDAN; and NURSE FNU
PEACOCK/

*
*
*
*
*

Defendants.

*

ORDER

Pending before the Court is Plaintiff's motion for jury trial.
(Doc. 69.)

Federal Rule of Civil Procedure 38 requires a party to

demand a jury trial by ''serving the other parties with a written
demand - which may be included in a pleading — no later than 14

days after the last pleading directed to the issue is served; and
filing the demand in accordance with Rule 5(d)."

Fed. R. Civ. P.

38(b).

In

this

case,

Plaintiff's amended complaint includes

the

phrase "Demand for Jury" under the civil action number on the first
page of the prisoner complaint form.i

(Doc. 6/ at 1.)

Moreover/

Defendant Peacock's Answer includes a demand for a jury trial in

1 Courts have held that such a placement of a demand for jury trial in a
complaint complies with Rule 38. See, e.g., Kahn v. Head, 114 F.R.D. 20 (D.
Md. 1987).

the prayer for relief.

(Doc. 39, at 6.)

Neither party specified

which issues they wished to have tried by a jury, thus, in
accordance with Rule 38(c), a jury trial was demanded by both

parties ''on all

issues so

triable."

Fed. R. Civ. P.

38(c).

Accordingly, Plaintiff's motion for jury trial (doc. 69) is DENIED
as MOOT.

ORDER

ENTERED

at

Augusta,

Georgia,

this

day

of

November, 2018.

J.

,, tHIEF JUDGE

UNITED

DISTRICT COURT

QUT

DISTRICT OF GEORGIA