Burke v. St. Louis City Jails et al

Filing 37

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiff's motion to certify class [ECF No. 36 ] is DENIED. IT IS FURTHER ORDERED that the Clerk is directed to docket plaintiffs proposed second amended complaint [ECF No. 36- 4 ]. Signed by District Judge Ronnie L. White on September 15, 2015. (BRP)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION CALVIN BURKE, Plaintiff, v. ST. LOUIS CITY JAILS , et al., Defendants, ) ) ) ) ) ) ) ) ) No. 4:14CV2107 RLW MEMORANDUM AND ORDER Plaintiff moves to certify class under Rule 23 of the Federal Rules of Civil Procedure. The motion is denied. Prose parties may not bring class action suits in the federal courts. Under Rule 23(a)(4), a class representative must "fairly and adequately protect the interests of the class." Plaintiff is not qualified to do so. Additionally, a litigant may bring his own claims to federal court without counsel, but not the claims of others. See 28 U.S.C. § 1654; see also 7A Wright, Miller & Kane, Federal Practice and Procedure: Civil 3d § 1769.1 ("class representatives cannot appear prose."). According! y, IT IS HEREBY ORDERED that plaintiffs motion to certify class [ECF No. 36] is DENIED. IT IS FURTHER ORDERED that the Clerk is directed to docket plaintiffs proposed second amended complaint [ECF No. 36-4]. Dated this /S1:ay of September, 2015. ~.L~ RONNIE L. WHITE UNITED STATES DISTRICT JUDGE

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