Laratta v. Zavaras et al

Filing 78

MINUTE ORDER denying 74 Plaintiff's Motion for Class Certification, by Magistrate Judge Michael E. Hegarty on 9/1/2010. (mehcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 09-cv-02498-REB-MEH GIOVANNI LARATTA, Plaintiff, v. ARISTEDES W. ZAVARAS, ROBERT ALLEN, CHRIS BARR, and SUSAN JONES, Defendant. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on September 1, 2010. Plaintiff's Motion for Class Certification [filed August 31, 2010; docket #74] is denied. Even if his Complaint had reflected any class allegations, the Plaintiff, who is not represented by counsel in this action, may not represent other pro se litigants in federal court, see 28 U.S.C. § 1654, and he is not an adequate class representative for a putative class action. See Fymbo v. State Farm Fire & Cas. Co., 213 F.3d 1320, 1321 (10th Cir. 2000); see also Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975) (pro se prisoner plaintiffs may not represent fellow inmates in a class action).