Free Order - District Court of Delaware - Delaware

Case 1:04-cv-01422-GMS

Document 50

Filed 09/06/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

JEROME K. HAMILTON, a.k.a. CHEIKH AHMED ELOHIM, Plaintiff, v. CATHY L. GUESSFORD, REBECCA MCBRIDE, ROBERT F. SNYDER, THOMAS L. CARROLL, and STANLEY W. TAYLOR, JR. Defendants.

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Civil Action No. 04-1422 GMS

ORDER WHEREAS, on November 5, 2004, Jerome K. Hamilton ("Hamilton") filed this pro se civil rights action pursuant to 42 U.S.C. § 1983; WHEREAS, Hamilton's pro se complaint contains a demand for a jury trial; WHEREAS, on August 31, 2006, the court conducted a scheduling conference with the parties, during which Hamilton requested a withdrawal of his jury demand; WHEREAS, the defendants did not consent to the withdrawal; and WHEREAS, after having considered the parties' arguments and the Federal Rules of Civil Procedure, the court concludes that it would be improper to allow Hamilton to withdraw his jury demand without the defendants' consent1;

See Fed. R. Civ. P. 38(d) ("A demand for trial by jury made as herein provided may not be withdrawn without the consent of the parties.")

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Case 1:04-cv-01422-GMS

Document 50

Filed 09/06/2006

Page 2 of 2

IT IS HEREBY ORDERED that: 1. The plaintiff's request to withdraw his jury demand is DENIED.

Dated: September 6, 2006

/s/ Gregory M. Sleet UNITED STATES DISTRICT JUDGE

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