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Robin Gillen Starr v. Cdcr

April 13, 2013

ROBIN GILLEN STARR, PLAINTIFF,
v.
CDCR,
DEFENDANT.



The opinion of the court was delivered by: Gary S. Austin United States Magistrate Judge

ORDER DENYING DEMAND FOR SPEEDY TRIAL (Docs. 48, 49.)

Robin Gillen Starr ("Plaintiff") is a state prisoner proceeding pro se with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this action on December 22, 2011. (Doc. 1.)

Now pending are Plaintiff's demands for a speedy trial, filed on October 11, 2012. (Docs. 48, 49.) Plaintiff demands a speedy trial in this action under the Sixth Amendment.

The Sixth Amendment to the U.S. Constitution is applicable to criminal prosecutions and provides that Athe accused shall enjoy the right to a speedy and public trial.@ U.S.Const. amend. VI (emphasis added). Plaintiff is advised that in a civil action, such as Plaintiff=s, there is no right to a speedy trial. Therefore, Plaintiff's demands must be denied.

Based on the foregoing, IT IS HEREBY ORDERED THAT Plaintiff's demands for a speedy trial under the Sixth Amendment, filed on October 11, 2012, are DENIED.

IT IS SO ORDERED.

20130413

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