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)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
RICHELLE REECE,

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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.