Aguirre v. County of Sacramento et al

Filing 11

ORDER signed by Magistrate Judge Kendall J. Newman on 10/16/12 DENYING 3 Motion for class certification. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CARLOS R. AGUIRRE,

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Plaintiff,
vs.
COUNTY OF SACRAMENTO, et al.,
Defendants.

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No. 2: 12-cv-2165 KJN P

ORDER
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Plaintiff is a prisoner, proceeding without counsel, with a civil rights action

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pursuant to 42 U.S.C. § 1983. Pending before the court is plaintiff’s August 20, 2012 motion for

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class certification.

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Pro se prisoner plaintiffs may not bring class actions. The prerequisites to

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maintenance of a class action are that (1) the class is so numerous that joinder of all members is

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impracticable, (2) there are common questions of law and fact, (3) the representative party’s

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

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fairly and adequately protect the class interests. Fed.R.Civ.P. 23(a). It is well established that

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pro se prisoner plaintiffs are unable to fairly represent and adequately protect the interests of the

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class. See Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975); Griffin v. Smith, 493

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F.Supp. 129, 131 (W.D.N.Y. 1980). Therefore, this pro se action cannot proceed as a class
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action.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion for class

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certification (Dkt. No. 3) is denied.

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DATED: October 16, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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ag2165.cla

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