Roberts v. Miller et al

Filing 28

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that plaintiff's motion to pursue a class action [ECF No. 13 ] is DENIED. Signed by Magistrate Judge Noelle C. Collins on 7/15/2015. (NEB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION KYLE A. ROBERTS, ) ) ) ) ) ) ) ) ) Plaintiff, v. LEON MILLER, et al., Defendants, No. 4:15CV619 NCC MEMORANDUM AND ORDER This matter is before the Court on plaintiff’s motion to pursue this case as a class action. Under Rule 23(a)(4), a class representative must “fairly and adequately protect the interests of the class.” 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 pro se.”). Consequently, the motion is denied. Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to pursue a class action [ECF No. 13] is DENIED. Dated this 15th day of July, 2015. /s/Noelle C. Collins NOELLE C. COLLINS UNITED STATES MAGISTRATE JUDGE

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