Schneider v. Kaelin et al

Filing 37

OPINION granting 34 Motion for a Jury Trial.(Signed by Magistrate Judge Brian L Owsley) Parties notified.(amireles, )

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
CORPUS CHRISTI DIVISION
EDWIN GUS SCHNEIDER
#867105
v.
JIM KAELIN, ET AL.

§
§
§
§
§

C.A. NO. C-12-233

OPINION GRANTING PLAINTIFF’S MOTION FOR A JURY TRIAL
Plaintiff is an inmate in the Texas Department of Criminal Justice, Correctional Institutions
Division, and is currently incarcerated at the Coffield Unit in Tennessee Colony, Texas. Proceeding
pro se, he filed a civil rights action pursuant to 42 U.S.C. § 1983. (D.E. 1). Pending is his motion
for a jury trial. (D.E. 34).
The Federal Rules of Civil Procedure note that “[t]he right of trial by jury as declared by the
Seventh Amendment to the Constitution–or as provided by a federal statute–is preserved to the
parties inviolate.” Fed. R. Civ. P. 38(a); see also U.S. Const. amend. VII. Plaintiff has adequately
made a jury demand in this action. See Fed. R. Civ. P. 38(b).
For the foregoing reasons, plaintiff’s motion for a jury trial, (D.E. 34), is GRANTED.
ORDERED this 30th day of November 2012.

____________________________________
BRIAN L. OWSLEY
UNITED STATES MAGISTRATE JUDGE