Nible, et al. v. Harrington et al

Filing 4

ORDER denying 2 Motion for this case to proceed as a Class Action signed by Magistrate Judge Sandra M. Snyder on 11/19/2009. (Lundstrom, T)

1 2 3 4 5 6 7 8 9 10 11 12 13 Plaintiff William Nible ("plaintiff") is a state prisoner proceeding pro se with this civil rights 14 action pursuant to 42 U.S.C. § 1983. Plaintiff filed this action on November 13, 2009. (Doc. 1.) 15 Plaintiff seeks certification of this litigation as a class action. (Doc. 2.) Plaintiff, however, is a non16 lawyer proceeding without counsel. It is well established that a layperson cannot ordinarily represent 17 the interests of a class. See McShane v. United States, 366 F.2d 286 (9th Cir. 1966). This rule 18 becomes almost absolute when, as here, the putative class representative is incarcerated and 19 proceeding pro se. Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975). Plaintiff cannot 20 "fairly and adequately protect the interests of the class" as required by Fed. R. Civ. P. 23(a)(4). See 21 Martin v. Middendorf, 420 F. Supp. 779 (D.D.C. 1976). This action, therefore, shall not proceed as 22 a class action and instead shall proceed as an individual civil suit brought by plaintiff. 23 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion for this case to proceed as 24 a class action is DENIED. 25 26 IT IS SO ORDERED. 27 28 Dated: icido3 November 19, 2009 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE v. KELLEY HARRINGTON, et al., Defendants. / WILLIAM NIBLE, Plaintiff, ORDER DENYING MOTION FOR THIS CASE TO PROCEED AS A CLASS ACTION (Doc. 2.) 1:09-cv-01993-SMS-PC

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA