Jones v. Fresno County Jail

Filing 8

ORDER Construing Action as Individual Civil Suit, signed by Magistrate Judge Dennis L. Beck on 2/19/09: This action will be construed as an individual civil suit brought by Plaintiff rather than as a class action.(Hellings, J)

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1 2 3 4 5 6 7 EASTERN DISTRICT OF CALIFORNIA 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff Latonia Jones ("Plaintiff") is a prisoner proceeding pro se in this civil rights action. Plaintiff filed this action on February 2, 2009. The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. 1915A(b)(1),(2). The court has a large number of prisoner civil rights cases pending before it and has not yet screened Plaintiff's complaint. However, upon cursory review of the complaint, Plaintiff states that this is a class action. Plaintiff is not an attorney and is proceeding without counsel. A non-attorney proceeding pro se may bring his own claims to court, but may not represent others. Fymbo v. State Farm Fire & Casualty Co., 213 F.3d 1320, 1321 (2000); Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997); C. E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987). A pro se litigant simply cannot "fairly and adequately protect the interests of the class." Fed. 1 v. (Doc. 1) FRESNO COUNTY JAIL, Defendant. / LATONIA JONES, Plaintiff, CASE NO. 1:09-cv-00203 DLB PC ORDER CONSTRUING ACTION AS INDIVIDUAL CIVIL SUIT UNITED STATES DISTRICT COURT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 R. Civ. P. 23(a)(4); Fymbo, 213 F.3d at 1321. Therefore, this action will be construed as an individual civil suit brought by plaintiff rather than as a class action. IT IS SO ORDERED. Dated: 3b142a February 19, 2009 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 2

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