Billizone v. Jefferson Parish Correctional Center et al

Filing 7

ORDERED that plaintiff's 5 Motion to Certify Class is DENIED. Signed by Magistrate Judge Sally Shushan. (gec)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
ERNEST BILLIZONE, SR.

CIVIL ACTION

VERSUS

NO. 14-2594

JEFFERSON PARISH CORRECTIONAL
CENTER, ET AL.

SECTION: "C"(1)

ORDER
Plaintiff has filed a motion asking that the Court certify this matter as a class action. Rec.
Doc. 5. However, it is clear that pro se litigants 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.
New Orleans, Louisiana, this eighth day of December, 2014.

____________________________________
SALLY SHUSHAN
UNITED STATES MAGISTRATE JUDGE

-2-