Anderson v. U.S., 1:16-cv-00352-DAD-SAB (PC). (2019)
Court: District Court, E.D. California
Number: infdco20190314832
Visitors: 9
Filed: Mar. 13, 2019
Latest Update: Mar. 13, 2019
Summary: ORDER CORRECTING CLERICAL MISTAKE AND AMENDING SECOND SCHEDULING ORDER STANLEY A. BOONE , Magistrate Judge . Plaintiff Curtis Anderson is a federal prisoner proceeding pro se and in forma pauperis in this civil action pursuant to the Federal Tort Claims Act. On March 12, 2019, the Court issued the second scheduling order in this case. (ECF No. 64.) Due to a clerical error, the Court mistakenly ordered that this matter be set for a jury trial. However, since there is no right to a jury
Summary: ORDER CORRECTING CLERICAL MISTAKE AND AMENDING SECOND SCHEDULING ORDER STANLEY A. BOONE , Magistrate Judge . Plaintiff Curtis Anderson is a federal prisoner proceeding pro se and in forma pauperis in this civil action pursuant to the Federal Tort Claims Act. On March 12, 2019, the Court issued the second scheduling order in this case. (ECF No. 64.) Due to a clerical error, the Court mistakenly ordered that this matter be set for a jury trial. However, since there is no right to a jury t..
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ORDER CORRECTING CLERICAL MISTAKE AND AMENDING SECOND SCHEDULING ORDER
STANLEY A. BOONE, Magistrate Judge.
Plaintiff Curtis Anderson is a federal prisoner proceeding pro se and in forma pauperis in this civil action pursuant to the Federal Tort Claims Act.
On March 12, 2019, the Court issued the second scheduling order in this case. (ECF No. 64.) Due to a clerical error, the Court mistakenly ordered that this matter be set for a jury trial. However, since there is no right to a jury trial against the United States of America under the Federal Tort Claims Act, this matter must be set for a bench trial. 28 U.S.C. § 2402.
Accordingly, the Court HEREBY ORDERS as follows:
1. Page 1, line 16 of the March 12, 2019 second scheduling order is amended to reflect that this matter is set for a bench trial.
2. Page 5, line 4 of the March 12, 2019 second scheduling order is amended to order that: "This matter is set for bench trial before United States District Judge Dale A. Drozd on October 1, 2019, at 1:00 p.m. in Courtroom 5;
3. All other provisions of the March 12, 2019 are unchanged and remain in effect.
IT IS SO ORDERED.
Source: Leagle
