(PC) Hisle v. Conanan

Opinion

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 EASTERN DISTRICT OF CALIFORNIA 7 8 DENNIS C. HISLE, No. 1:21-cv-01680-KES-SAB (PC) 9 Plaintiff, ORDER REGARDING PLAINTIFF’S DEMAND FOR JURY TRIAL 10 v. (ECF No. 57) 11 MARLYN CONANAN,

12 Defendant. 13 14 Plaintiff is proceeding pro se and in forma pauperis in this civil rights action filed pursuant 15 to 42 U.S.C. § 1983. 16 Currently before the Court is Plaintiff’s demand for a jury trial, pursuant to Federal Rule 17 of Civil Procedure 38. (ECF No. 57.) 18 Consistent with Plaintiff's request, claims brought under 42 U.S.C. § 1983 are triable by 19 jury. City of Monterey v. Del Monte Dunes at Monterey, Ltd., 526 U.S. 687, 709 (1999); Fed. R. 20 Civ. P. 38(a). Accordingly, unless the parties later stipulate to a court trial, this action shall 21 remain a jury action. Fed. R. Civ. P. 39(a). The jury trial will be presided over by a District 22 Judge, unless all parties have consented to the jurisdiction of a Magistrate Judge. To this end, the 23 Fresno Division of the Eastern District of California has one of the heaviest District Judge 24 caseload in the entire nation. Though the Court will use its best efforts to resolve this case and all 25 other civil cases in a timely manner, the parties are informed that the parties’ needs and 26 expectations may not be met as expeditiously as desired. 27 District Judges are now setting multiple trials to begin upon the same date, and as a result 28 parties may find their case trailing with little notice before the trial begins. The law requires the 1 | Court give any criminal case priority over civil trials and other matters, and the Court must 2 | proceed with criminal trials even if a civil trial is older or was set earlier. Continuances of civil 3 | trials under these circumstances will no longer be entertained, absent a specific and stated finding 4 | of good cause. If multiple trials are scheduled to begin on the same day, this civil trial will trail 5 | day to day or week to week until completion of any criminal case or older civil case. A United 6 | States Magistrate Judge is available to rule upon dispositive motions and conduct trials if need be, 7 | including entry of final judgment, pursuant to 28 U.S.C. § 636(c), Federal Rule of Civil 8 | Procedure 73, and Local Rule 305, and the same jury pool is used by both United States 9 | Magistrate Judges and United States District Court Judges. 10 IT IS SO ORDERED. DAM Le 12 | Dated: _March 21, 2025 _ Oe STANLEY A. BOONE 13 United States Magistrate Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28