1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 FORREST GRAY, Case No. 2:22-cv-0099-DC-JDP (P) 12 Plaintiff, 13 v. ORDER 14 CASSIE, 15 Defendant. 16 17 Plaintiff is a state inmate proceeding without counsel in this civil rights action brought 18 under

. Plaintiff has filed a motion seeking to proceed with a bench trial, as 19 opposed to a jury trial.1 ECF No. 62. Defendant opposes, arguing that he properly asserted his 20 right to a jury trial in his answer and that because plaintiff brought this action under 42 U.S.C. 21 § 1983, defendant has the right to a jury trial. ECF No. 63. 22 The Seventh Amendment provides that “[i]n Suits at common law, where the value in 23 controversy shall exceed twenty dollars, the right of trial by jury shall be preserved . . . .” U.S. 24 Const. amend. VII. This constitutional guarantee “appl[ies] to actions enforcing statutory rights, 25 and requires a jury trial upon demand, if the statute creates legal rights and remedies, enforceable 26 in an action for damages in the ordinary courts of law.” Curtis v. Loether,

, 194 27 1 Both plaintiff’s initial and the operative complaint request a jury trial. See ECF No. 1 & 28 13. 1 | (1974). While

does not expressly provide for the right to a jury trial, see City of 2 | Monterey v. Del Monte Dunes at Monterey, Ltd.,

(1999), the Supreme Court 3 | has held that such an action “seeking legal relief is an action at law within the meaning of the 4 | Seventh Amendment,”

. 5 Rule of Civil Procedure 38 and Local Rule 201 govern the procedure for when a demand 6 | is made for a jury trial. Federal Rule of Civil Procedure 38 provides in the relevant part: 7 (b) Demand. On any issue triable of right by a jury, a party may demand a jury trial by ... . serving the other parties with a written 8 demand—which may be included in the pleadings—no later than 14 9 days after the last pleading directed to the issue is served .... (d) Waiver; Withdrawal. A party waives a jury trial unless its 10 demand is properly served and filed. A proper demand may be withdrawn only if the parties consent.

12 Defendant filed an answer with a demand for a jury trial, ECF No. 36 at 5, and has not 13 | withdrawn his demand for a jury trial, ECF No. 63. Therefore, because defendant has a right to a 14 | jury trial in this action and he has complied with the procedures for demanding a jury trial, 15 | plaintiff's motion is denied. 16 Accordingly, it is hereby ORDERED that plaintiff's motion for a bench trial, ECF No. 62, 17 | is DENIED. 18 19 IT IS SO ORDERED. 20 ( — Dated: _ March 4, 2025 q——— 21 JEREMY D. PETERSON 9 UNITED STATES MAGISTRATE JUDGE

23 24 25 26 27 28