Opinion
20-3269-SAC
05-13-2022
ANTHONY LEROY DAVIS, Petitioner, v. DAN SCHNURR, Respondent.
MEMORANDUM AND ORDER
Sam A. Crow, U.S. Senior District Judge
This matter is a federal habeas proceeding under 28 U.S.C. § 2254. Petitioner proceeds pro se. The matter comes before the Court on Petitioner's “Motion Demanding a Trial by Jury, ” brought under Federal Rule of Civil Procedure 38(b) . (Doc. 38.)
Petitioner also cites 28 U.S.C. § 1874, which by its plain language applies to actions to recover annexed forfeitures, and Wyoming Revised Statute Annotated (1931) 89-1329, neither of which are relevant in this federal habeas corpus action.
“When a jury trial has been demanded under Rule 38, the . . . trial on all issues so demanded must be by jury unless: . . . the court, on motion or on its own, finds that on some or all of those issues there is no federal right to a jury trial.” Fed.R.Civ.P. 39(a). Federal statutes governing applications for writs of habeas corpus state that “[t]he court shall summarily hear and determine the facts, and dispose of the matter as law and justice require.” 28 U.S.C. § 2243. Petitioner has no federal right to a jury trial in this matter. See Jefferson v. Jenkins, 2019 WL 1968055, *1 (E.D. N.C. 2019) (unpublished) (holding there is no federal right to a jury trial in proceedings brought under 28 U.S.C. § 2254); Miller v. Nohe, 2018 WL 1513910, *1 (S.D. W.Va. 2018) (unpublished) (same); Richard v. Norris, 2009 WL 2462387, *6 (E.D. Ark. 2009) (unpublished) (same).
IT IS THEREFORE ORDERED that Petitioner's motion for jury trial (Doc. 38) is denied.
IT IS SO ORDERED.