Medina v. Kelso et al

Filing 13

ORDER GRANTING Plaintiff's 6 Motion for Clarification, signed by Magistrate Judge Michael J. Seng on 12/27/2012. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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RAY MEDINA,

CASE NO.

1:12-cv-01685-MJS (PC)

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Plaintiff,

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ORDER GRANTING PLAINTIFF’S MOTION
FOR CLARIFICATION

v.
(ECF No. 6)
J. CLARK KELSO, et al.,
Defendants.
/

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Plaintiff Ray Medina (“Plaintiff”) is a state prisoner proceeding pro se and in forma
pauperis in this civil rights action pursuant to 42 U.S.C. § 1983.
This action is proceeding on Plaintiff’s Complaint filed October 15, 2012. (ECF
No. 1.) Plaintiff’s Complaint has not yet been screened.

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On November 19, 2012, Plaintiff filed a motion asking for clarification as to whether

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his motion for injunctive relief has been entered on the docket and whether his case is

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currently proceeding as a class action.. (ECF No. 6.)

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Plaintiff’s motion for clarification is GRANTED. The requested clarification follows..

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Plaintiff’s motion for injunctive relief has been entered on the docket at ECF No. 9.
The Court will address that motion in due course.

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This action is not proceeding as a class action. Plaintiff is not an attorney, and he

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is proceeding without counsel. . While a non-attorney proceeding pro se may bring his own

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claims to court, he may not represent others. E.g., Simon v. Hartford Life, Inc., 546 F.3d

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661, 664-65 (9th Cir. 2008); Fymbo v. State Farm Fire & Casualty Co., 213 F.3d 1320,

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1321 (2000); Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997); C. E. Pope

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Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987). A pro se litigant simply

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cannot “fairly and adequately protect the interests of the class.” Fed. R. Civ. P. 23(a)(4);

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Fymbo, 213 F.3d at 1321. Therefore, Plaintiff’s request for class action certification is
denied.

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IT IS SO ORDERED.

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Dated:
ci4d6

December 27, 2012

/s/

Michael J. Seng

UNITED STATES MAGISTRATE JUDGE

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