Powers v. Thaler

Full title: MICHAEL K. POWERS, ET AL. v. RICK THALER, ET AL

Court: United States District Court, S.D. Texas, Victoria Division

Date published: Nov 3, 2011

C.A. NO. V-11-051 (S.D. Tex. Nov. 3, 2011)

Opinion

C.A. NO. V-11-051.

November 3, 2011

OPINION GRANTING PLAINTIFFS' MOTION FOR A JURY TRIAL

BRIAN OWSLEY, Magistrate Judge

Plaintiffs are inmates in the Texas Department of Criminal Justice, Correctional Institutions Division, and are currently incarcerated at the Stevenson Unit in Cuero, Texas. Proceedingpro se, they filed a civil rights action pursuant to 42 U.S.C. § 1983. (D.E. 1). Pending is their motion for a jury trial. (D.E. 4).

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. Plaintiffs have adequately made a jury demand in this action. See Fed.R.Civ.P. 38(b).

For the foregoing reasons, plaintiffs' motion for a jury trial, (D.E. 4), is GRANTED.

ORDERED