With no explanation, chose the best option from "A", "B", "C" or "D". statute of limitations for actions against the United States set forth in 28 U.S.C. § 2401(a). Based on our review of Punchard’s complaint, we find no abuse of discretion in the district court’s decision to dismiss any other claims that may be set forth in the complaint for failure to comply with Rule 8’s short and plain statement requirements. Punchard’s argument that the district court judge had no power to grant the motion to dismiss because Punehard asked for a jury trial has no merit. Actions against the United States generally are tried to the court, not a jury. See 28 U.S.C. § 2402. In any event, a district court has the authority to hear and decide defenses raised under Rule 12(b) prior to trial, see Fed.R.Civ.P. 12(d); Christensen v. Ward, 916 F.2d 1462, 1466 (10th Cir. 1990) (<HOLDING>); Rosemound Sand & Gravel Co. v. Lambert Sand &

A: holding that seventh amendment right to jury trial not violated by courts dismissal for lack of jurisdiction
B: holding that dismissal pursuant to federal rule of civil procedure 56 did not violate the seventh amendment
C: holding defendant to a preference action has a right to a jury trial pursuant to the seventh amendment of the united states constitution but that right can be waived by filing a claim in the bankruptcy proceedings
D: holding that seventh amendment right to jury trial not violated by courts dismissal for failure to state a claim pursuant to rule 12b6 because as a matter of law complaint faded to present an issue for trial
D.