Billizone v. Jefferson Parish Correctional Center et al

Filing 34

ORDERED that 32 Motion to Certify Class is DENIED; 33 Motion to Add Additional New Exhibits and Witness List as Evidence to Claim is DENIED. Plaintiff should retain his original exhibits in his possession until such time as they are subm itted to the Court in connection with a dispositive motion or at trial. Accordingly, the Clerk of Court is hereby directed to return the original exhibits to plaintiff at the address he designated in his motion. Signed by Magistrate Judge Sally Shushan. (gec)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

ERNEST BILLIZONE, SR.

CIVIL ACTION

VERSUS

NO. 14-1263

JEFFERSON PARISH CORRECTIONAL
CENTER, ET AL.

SECTION: "R"(1)

ORDER
Plaintiff has filed a "Motion to Certify Class Action." Rec. Doc. 32. However, it is clear that
pro se litigants, such as plaintiff, should not be allowed to serve as class representatives. As the
United States Tenth Circuit Court of Appeals has noted:
Under Rule 23(a)(4) [of the Federal Rules of Civil Procedure], a class representative
must "fairly and adequately protect the interests of the class." A litigant may bring
his own claims to federal court without counsel, but not the claims of others. This
is so because the competence of a layman is clearly too limited to allow him to risk
the rights of others.
Fymbo v. State Farm Fire & Casualty Co., 213 F.3d 1320, 1321 (10th Cir. 2000) (internal quotation
marks and citations omitted); accord Powers v. Clay, C.A. No. V-11-051, 2011 WL 6130929, at *3
(S.D. Tex. Dec. 8, 2011); Wetzel v. Strain, Civ. Action No. 09-7633, 2009 WL 5064445, at *1 (E.D.
La. Dec. 16, 2009); Luna v. Kliebert, Civ. Action No. 09-3853, 2009 WL 2175773, at *1 n.1 (E.D.
La. Jul. 17, 2009), aff'd, 368 Fed. App'x 500 (5th Cir. 2010); Sosa v. Strain, Civ. Action No. 069040, 2007 WL 1521441, at *7 (E.D. La. May 22, 2007). A pro se plaintiff's tenacity and zeal "are
no substitute for the skill and experience which are needed to prosecute an action on behalf of a
class." Mackenzie v. Local 624, International Union of Operating Engineers, 472 F. Supp. 1025,

1033 (N.D. Miss. 1979); accord Luna, 2009 WL 2175773, at *1 n.1; Sosa, 2007 WL 1521441, at
*7. Accordingly, plaintiff's motion is DENIED.
Plaintiff has also filed a "Motion to Add Additional New Exhibits and Witness List as
Evidence to Claim." Rec. Doc. 33. That motion is likewise DENIED. Plaintiff should retain his
original exhibits in his possession until such time as they are submitted to the Court in connection
with a dispositive motion or at trial. Accordingly, the Clerk of Court is hereby directed to return the
original exhibits to plaintiff at the address he designated in his motion: 627 Cohen Street, Marrero,
Louisiana 70072.1 As to plaintiff's witness list, it is premature. If this matter is set for trial, plaintiff
will at that time be ordered to file a list of the witnesses he intends to call at trial.
New Orleans, Louisiana, this twenty-fifth day of September, 2014.

____________________________________
SALLY SHUSHAN
UNITED STATES MAGISTRATE JUDGE

1

safekeeping.

Plaintiff is ORDERED to send no further such original exhibits to the Court for