Reece v. United States Postal Service

Filing 11

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendants motion to strike plaintiffs jury demand [Doc. # 5 ] is granted. Signed by District Judge Carol E. Jackson on 3/8/13. (KJS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION RICHELLE REECE, ) ) ) ) ) ) ) ) ) Plaintiff, vs. UNITED STATES POSTAL SERVICE, Defendant. Case No. 4:12-CV-1566 (CEJ) MEMORANDUM AND ORDER Plaintiff brings this action under the Federal Tort Claims Act (FTCA), 28 U.S.C. §2671, et seq., to recover damages for injuries she allegedly sustained in a collision with a Unite States Postal Service vehicle. The defendant moves to strike plaintiff’s jury demand. Plaintiff has not filed a response, and the time allowed for doing so has expired. There is no right to a jury trial under the FTCA. See 28 U.S.C. § 2402 (“[A]ny action against the United States under [the FTCA] shall be tried by the court without a jury”). See also, Carlson v. Green, 446 U.S. 14, 22 (1980) (“ a plaintiff cannot opt for a jury in an FTCA action”). Accordingly, IT IS HEREBY ORDERED that defendant’s motion to strike plaintiff’s jury demand [Doc. # 5] is granted. ___________________________ CAROL E. JACKSON UNITED STATES DISTRICT JUDGE Dated this 8th day of March, 2013.

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