Johnson v. Pelle

Filing 39

MINUTE ORDER denying 38 Motion for Class Certification by Magistrate Judge Michael E. Hegarty on 6/22/2015. (mdave, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-00105-MEH
ANDREW LYNN JOHNSON,
Plaintiff,
v.
JOE PELLE,
REVADA FARNSWORTH, and
BRUCE HAAS,
Defendants.

MINUTE ORDER
Entered by Michael E. Hegarty, United States Magistrate Judge, on June 22, 2015.
Plaintiff’s Motion for Class Certificate [sic] [filed June 22, 2015; docket #38] is denied
without prejudice. Although not altogether clear, the Court liberally construes Plaintiff’s motion
as a request for class certification. First, Plaintiff’s allegations in the operative pleading (docket
#19) do not state, or even mention, any claims on behalf of a “class.” Second, a prerequisite for
class action certification is a finding by a court that the representative party can “fairly and
adequately protect the interests of the class.” Fed. R. Civ. P. 23(a)(4). The Tenth Circuit Court of
Appeals has held that, while a pro se litigant may assert his own claims in federal court, his
competence as a layperson is too limited to protect the rights of others. See Fymbo v. State Farm
Fire & Cas. Co., 213 F.3d 1320, 1321 (10th Cir. 2000).