Palmore v. The City of Dothan et al (INMATE2)

Filing 2

REPORT AND RECOMMENDATIONS that plaintiff's motion for class certification be denied; that this case be referred back to the magistrate judge for further proceedings. Objections to R&R due by 6/27/2006. Signed by Judge Vanzetta P. McPherson on 6/14/2006. (cc, )

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Palmore v. The City of Dothan et al (INMATE2) Doc. 2 Case 1:06-cv-00503-MHT-VPM Document 2 Filed 06/14/2006 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA S O U T H E R N DIVISION _______________________________ F A R R IS PALMORE and the Inmates o f the Dothan City Jail P l a i n t if f s , * v. * D .T . MARSHAL, et al., * D e f e n d a n ts . _______________________________ R E C O M M E N D A T I O N OF THE MAGISTRATE JUDGE T h is is a 42 U.S.C. 1983 action in which Farris Palmore, a city jail inmate, c h a lle n g e s actions of employees of the Dothan City Jail. Plaintiff indicates in the caption of h is complaint that he seeks to file/proceed in this action on behalf of all inmates incarcerated a t the Dothan City Jail. (Doc. No. 1 at pg. 1.) The court, therefore, construes the complaint to contain a motion for class certification under Rule 23, Federal Rules of Civil Procedure. U p o n consideration of the motion for class certification, the court concludes that this motion is due to be denied. 1:06-CV-503-MHT (WO) * * D IS C U S S IO N P lain tif f is an inmate presently incarcerated at the Dothan City Jail who seeks to Case 1:06-cv-00503-MHT-VPM Document 2 Filed 06/14/2006 Page 2 of 3 re p re se n t other inmates confined therein. Among the requirements which litigants must meet in order to maintain an action as a class action is that the "representative parties will fairly a n d adequately protect the interests of the class." Rule 23(a)(4), Federal Rules of Civil P r o c e d u r e . The court concludes that the pro se prisoner plaintiff is not an adequate class re p re s e n ta tiv e able to fairly represent the class. See Oxendine v. Williams, 509 F.2d 1405 (4 th Cir. 1975); Hummer v. Dalton, 657 F.2d 621 (4th Cir. 1981); Ethnic Awareness O r g a n iz a tio n v. Gagnon, 568 F.Supp. 1186 (E.D. Wis. 1983); Inmates, Washington County J a il v. England, 516 F.Supp. 132 (E.D. Tenn. 1980), affirmed, 659 F.2d 1081 (6th Cir. 1981). C la s s certification in this case is therefore improper. Thus, Plaintiff's motion for class c e rtific a tio n is due to be denied. C O N C L U SIO N A c c o rd in g ly , it is the RECOMMENDATION of the Magistrate Judge that Plaintiff's m o tio n for class certification (Doc. No. 1.) be DENIED. It is further the R E C O M M E N D A T IO N of the Magistrate Judge that this case be referred back to the u n d e rs ig n e d for further proceedings. It is further ORDERED that the parties shall file any objections to the said Recommendation on o r before June 27, 2006. Any objections filed must specifically identify the findings in the 2 Case 1:06-cv-00503-MHT-VPM Document 2 Filed 06/14/2006 Page 3 of 3 M a g is tra te Judge's Recommendation to which the party is objecting. Frivolous, conclusive o r general objections will not be considered by the District Court. The parties are advised th a t this Recommendation is not a final order of the court and, therefore, it is not appealable. F a ilu re to file written objections to the proposed findings and advisements in the M a g is tra te Judge's Recommendation shall bar the party from a de novo determination by the D is tric t Court of issues covered in the Recommendation and shall bar the party from a tta c k in g on appeal factual findings in the Recommendation accepted or adopted by the D is tr ic t Court except upon grounds of plain error or manifest injustice. Nettles v. W a in w r ig h t, 677 F.2d 404 (5 th Cir. 1982). See Stein v. Reynolds Securities, Inc., 667 F.2d 3 3 (11 th Cir. 1982). See also Bonner v. City of Prichard, 661 F.2d 1206 (11 th Cir. 1981) (en b a n c ), adopting as binding precedent all of the decisions of the former Fifth Circuit handed d o w n prior to the close of business on September 30, 1981. D o n e this 14th day of June 2006. /s / Vanzetta Penn McPherson V A N Z E T T A PENN MCPHERSON UNITED STATES MAGISTRATE JUDGE 3

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