(PC) Papazian v. Doerer

Filing 19

ORDER to assign to District Judge. FINDINGS and RECOMMENDATIONS to deny Plaintiff's Motion for Class Certification 12 signed by Magistrate Judge Helena M. Barch-Kuchta on 3/10/2025. Referred to Judge Jennifer L. Thurston; Objections to F&R due within 14-Days. (Deputy Clerk TEL)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES MICHAEL PAPAZIAN,

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Plaintiff,

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J. DOERER,

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ORDER TO ASSIGN TO DISTRICT JUDGE
FINDINGS AND RECOMMENDATIONS TO
DENY PLAINTIFF’S MOTION FOR CLASS
CERTIFICATION1

v.

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Case No. 1:24-cv-01182-HBK (PC)

Defendant.

(Doc. No. 12)
14-DAY OBJECTION DEADLINE

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Plaintiff, a federal prisoner incarcerated at United States Penitentiary, Atwater, proceeds

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pro se in this civil action. Pending before the Court is Plaintiff’s motion for class certification

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filed on February 28, 2025. (Doc. No. 12, “Motion”). The undersigned recommends the district

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court deny the Motion.

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Plaintiff proceeds on his pro se amended civil rights complaint pursuant to Bivens v. Six

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Unknown Named Agents of the Federal Bureau of Narcotics2 and the Federal Torts Claim Act

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(“FTCA”). (Doc. No. 4, “amended complaint”). Plaintiff complains that during a 60-day

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lockdown he was deprived of meals, clothing, personal property, shower, recreation time, medical

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This matter was referred to the undersigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302
(E.D. Cal. 2023).
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403 U.S. 388 (1971).

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treatment, social contact, commissary, care packages, radio, reading material, table, television.,

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legal property, and other necessities. (See generally Doc. No. 4). In his Motion, which consists

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of a single page, Plaintiff asserts “there are at least 27 Plaintiffs that filed substantially the same

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claims in this Court and the class extends to approximately one thousand people.” (Doc. No. 12

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at 1).

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Federal Rule of Civil Procedure 23(a) governors whether a case can proceed as a class

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action. The prerequisites to maintenance of a class action are that (1) the class is so numerous

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that joinder of all members is impracticable, (2) there are common questions of law and fact, (3)

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the representative party’s claims or defenses are typical of the class claims or defenses, and (4)

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the representative party will fairly and adequately protect the class interests. Fed. R. Civ. P.

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23(a).

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Plaintiff is a non-lawyer proceeding without counsel. It is well established that a

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layperson cannot ordinarily represent the interests of a class. See McShane v. United States, 366

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F.2d 286 (9th Cir. 1966); C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th

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Cir.1987); see also Russell v. United States, 308 F.2d 78, 79 (9th Cir. 1962) (holding “a litigant

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appearing in propria persona has no authority to represent anyone other than himself”). Indeed,

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“[i]t is plain error to permit [an] imprisoned litigant who is unassisted by counsel to represent his

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fellow inmates in a class action.” Wallace v. Smith, 145 F. App'x 300, 302 (11th Cir. 2005) (per

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curiam) (quoting Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975)). Therefore,

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Plaintiff’s Motion for class certification must be denied.

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Accordingly, it is hereby ORDERED:

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The Clerk of Court shall randomly assign this case to a district judge for purposes of these

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Findings and Recommendation.

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It is further RECOMMENDED:

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Plaintiff’s motion for class certification (Doc. No. 12) be DENIED.

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NOTICE TO PARTIES

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These Findings and Recommendations will be submitted to the United States District

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Judge assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days
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after being served with a copy of these Findings and Recommendations, a party may file written

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objections with the Court. Id.; Local Rule 304(b). The document should be captioned,

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“Objections to Magistrate Judge’s Findings and Recommendations” and shall not exceed fifteen

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(15) pages. The Court will not consider exhibits attached to the Objections. To the extent a party

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wishes to refer to any exhibit(s), the party should reference the exhibit in the record by its

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CM/ECF document and page number, when possible, or otherwise reference the exhibit with

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specificity. Any pages filed in excess of the fifteen (15) page limitation may be disregarded by

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the District Judge when reviewing these Findings and Recommendations under 28 U.S.C. §

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636(b)(l)(C). A party’s failure to file any objections within the specified time may result in the

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waiver of certain rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014).

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Dated:

March 10, 2025
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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