Opinion
CIVIL ACTION NO. 12-11880
11-30-2012
EDWARD VAN HORN, Plaintiff, v. JAMES S. WALTON, C. GOMEZ, FEDERAL BUREAU OF PRISONS, BARDSLY, Defendants.
DISTRICT JUDGE GEORGE CARAM STEEH
MAGISTRATE JUDGE MARK A. RANDON
ORDER DENYING AS MOOT PLAINTIFF'S
MOTION FOR JURY TRIAL
On September 4, 2012, Plaintiff filed a Motion for Jury Trial pursuant to Fed. R. Civ. P. 38. (Dkt. No. 29). Rule 38(b) says:
Demand. On any issue triable of right by a jury, a party may demand a jury trial by:Plaintiff filed his Complaint on April 26, 2012. (Dkt. No. 1). His Complaint included a jury demand in compliance with Rule 38. Accordingly, Plaintiff's Motion is DENIED AS MOOT.
(1) serving the other parties with a written demand - which may be included in a pleading - no later than 14 days after the last pleading directed to the issue is served; and
(2) filing the demand in accordance with Rule 5(d).
IT IS ORDERED.
____________________
Mark A. Randon
United States Magistrate Judge
Certificate of Service
I hereby certify that a copy of the foregoing document was mailed to the parties of record on this date, November 30, 2012, by electronic and/or ordinary mail.
Melody Miles
Case Manager