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BURNS v. LAWTHER

No. 93-6719 Non-Argument Calendar.

44 F.3d 960 (1995)

Robert H. BURNS, Plaintiff-Appellant, v. C. LAWTHER, Physicians Assistant, J. Torres, Physicians Assistant, United States of America, Federal Bureau of Prisons, Defendants-Appellees, Douglas W. Henry, Edward Staffire, Movants.

United States Court of Appeals, Eleventh Circuit.

February 14, 1995.

Attorney(s) appearing for the Case

Robert H. Burns, pro se.

Claude Harris, Winfield J. Sinclair, Asst. U.S. Attys., Birmingham, AL, for appellees.

Before DUBINA, BLACK and BARKETT, Circuit Judges.

PER CURIAM:

Prisoner appeals the district court's finding that he waived his right to a jury trial by not making a timely demand within Fed. R.Civ.P. 38(b). We find that the district court erred in denying Appellant a jury trial and, therefore, vacate and remand.1

I. BACKGROUND

Appellant Robert H. Burns is a federal prisoner. The events giving rise to this action occurred while he was housed at the Federal Correctional...

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