Cassie

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FORREST GRAY, Case No. 2:22-cv-0099-DC-JDP (P) Plaintiff, v. ORDER CASSIE, Defendant. 16 Plaintiff is a state inmate proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. Plaintiff has filed a motion seeking to proceed with a bench trial, as opposed to a jury trial. ECF No. 62. Defendant opposes, arguing that he properly asserted his right to a jury trial in his answer and that because plaintiff brought this action under 42 U.S.C. § 1983, defendant has the right to a jury trial. ECF No. 63. The Seventh Amendment provides that “[i]n Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved . . . .” U.S. Const. amend. VII. This constitutional guarantee “appl[ies] to actions enforcing statutory rights, and requires a jury trial upon demand, if the statute creates legal rights and remedies, enforceable in an…