(PC) Camposeco v. Stamper

5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA SAMUEL CAMPOSECO, Case No. 1:19-cv-01330-BAM (PC) 9 Plaintiff, ORDER REGARDING PLAINTIFF’S DEMAND FOR A TRIAL BY JURY 10 v. (ECF No. 71) BOUDREAUX, et al., 12 Defendants.

14 Plaintiff Samuel Camposeco (“Plaintiff”), is a pretrial detainee proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not yet filed a completed application to proceed in forma pauperis or paid the filing fee, and the complaint has not yet been screened.

18 Currently before the Court is Plaintiff’s formal demand for a jury trial in this matter.

19 (ECF No. 5.)

20 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).

IT IS SO ORDERED.

25 Dated: September 30, 2019 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE