Opinion
Case No.: 1:14-cv-01616-BAM (PC)
06-08-2015
SAMMY R. QUAIR, SR., Plaintiff, v. VENTO, et al., Defendants.
ORDER DENYING PLAINTIFF'S MOTION FOR JURY TRIAL
(ECF No. 9)
Plaintiff Sammy R. Quair, Sr., ("Plaintiff") is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff initiated this action on October 16, 2014, and requested a jury trial. (ECF No. 1, p. 13.) On December 12, 2014, Plaintiff filed a second demand for a jury trial. (ECF No. 9.)
Consistent with Plaintiff's request, claims brought under 42 U.S.C.§ 1983 are triable by jury. City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687, 709 (1999); Fed. R. Civ. P. 38(a). Accordingly, unless the parties later stipulate to a court trial, this action shall remain a jury action. Fed. R. Civ. P. 39(a).
Based on the foregoing, Plaintiff's motion demanding a jury trial is DENIED. IT IS SO ORDERED.
Dated: June 8 , 2015
/s/ Barbara A. McAuliffe
UNITED STATES MAGISTRATE JUDGE