MOON et al v. FEDERAL BUREAU OF PRISONS et al

Filing 13

ENTRY - The plaintiff's request that this action proceed as a class action 8 is denied. The portion of the referenced motion in which the plaintiff seeks the appointment of class counsel is also denied (see Entry for details). Signed by Judge Jane Magnus-Stinson on 8/2/2011. (copy to plaintiff via U.S. mail)(NKD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

DARNELL WESLEY MOON,
Plaintiff,
vs.

)
)
)
)
)

2:11-cv-178-JMS-WGH

FEDERAL BUREAU OF PRISONS, et al., )

ENTRY
The plaintiff’s request that this action proceed as a class action [8] is denied. This
ruling is made because: (1) the plaintiff is a member of the class he seeks to represent,
making him a poor candidate as a representative who would also have to perform the role
of counsel, Loden v. Edgar, 1994 WL 97726, *1 (N.D.Ill. Mar. 22, 1994); see also
Wagner v. Taylor, 836 F.2d 578, 595-96 & n.126 (D.C.Cir. 1987); and 2) the plaintiff is a
pro se litigant, also making him an inadequate class representative. See Lasley v.
Godinez, 833 F. Supp. 714, 715 n.1 (N.D.Ill. 1993) (pro se prisoners could not adequately
represent class of inmates); Turner-El v. Illinois Bd. of Education, 1994 WL 27874, at *1
(N.D.Ill. Jan. 31, 1994) ("Because a layman does not ordinarily possess the legal training
and expertise necessary to protect the interests of a proposed class, courts are reluctant
to certify a class represented by a pro se litigant.") (citations omitted) (citing Phillips v.
Tobin, 548 F.2d 408, 413-14 (2d Cir. 1976); Oxendine v. Williams, 509 F.2d 1405, 1407
(4th Cir. 1975); Ethnic Awareness Organization v. Gagnon, 568 F. Supp. 1186, 1187
(E.D.Wis. 1983)).
The portion of the referenced motion in which the plaintiff seeks the appointment of
class counsel is also denied because the court has not determined that there are viable
claims which can proceed in this action and for the reason explained in paragraph 2 of the
Entry issued on July 20, 2011.
IT IS SO ORDERED.

08/02/2011
Date: _________________
_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Darnell Wesley Moon
Reg. No. 34077-044
United States Penitentiary
P.O. Box 33
Terre Haute, IN 47808