(PC) Camposeco v. Stamper ( 2019 )

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 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) 11 BOUDREAUX, et al., 12 Defendants. 13 14 Plaintiff Samuel Camposeco (“Plaintiff”), is a pretrial detainee proceeding pro se in this 15 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff has not yet filed a completed 16 application to proceed in forma pauperis or paid the filing fee, and the complaint has not yet been 17 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 21 jury. City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687, 709 (1999); Fed. R. 22 Civ. P. 38(a). Accordingly, unless the parties later stipulate to a court trial, this action shall 23 remain a jury action. Fed. R. Civ. P. 39(a). IT IS SO ORDERED. 24 25 Dated: September 30, 2019 /s/ Barbara A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 26 27 28