Powers et al v. Thaler et al, No. 6:2011cv00051 - Document 34 (S.D. Tex. 2011)
Court Description: OPINION granting 4 Motion for Jury Trial.(Signed by Magistrate Judge Brian L Owsley) Parties notified.(amireles, )
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS VICTORIA DIVISION MICHAEL K. POWERS, ET AL. v. RICK THALER, ET AL. § § § § § C.A. NO. V-11-051 OPINION GRANTING PLAINTIFFS MOTION FOR A JURY TRIAL Plaintiffs are inmates in the Texas Department of Criminal Justice, Correctional Institutions Division, and are currently incarcerated at the Stevenson Unit in Cuero, Texas. Proceeding pro se, they filed a civil rights action pursuant to 42 U.S.C. § 1983. (D.E. 1). Pending is their motion for a jury trial. (D.E. 4). The Federal Rules of Civil Procedure note that [t]he right of trial by jury as declared by the Seventh Amendment to the Constitution or as provided by a federal statute is preserved to the parties inviolate. Fed. R. Civ. P. 38(a); see also U.S. Const. amend. VII. Plaintiffs have adequately made a jury demand in this action. See Fed. R. Civ. P. 38(b). For the foregoing reasons, plaintiffs motion for a jury trial, (D.E. 4), is GRANTED. ORDERED this 3rd day of November 2011. ____________________________________ BRIAN L. OWSLEY UNITED STATES MAGISTRATE JUDGE
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