Moon et al v. Cox et al

Filing 48

ORDER Denying Plaintiff John Doe's 28 and 33 Motions to Certify Class. This case is referred to the Pilot Pro Bono Program Program for the purpose of screening for financial eligibility (if necessary) and identifying counsel willing to be appointed as pro bono counsel for Plaintiff John Doe. The Clerk shall forward this Order to the Pro Bono Liaison. Signed by Judge Andrew P. Gordon on 3/14/2016. (Copies have been distributed pursuant to the NEF - cc: Mia Tieu and Donald W. Moon - SLD)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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JOHN DOE,

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Case No. 2:14-cv-2140-APG-GWF
Plaintiff,
ORDER (1) DENYING WITHOUT
PREJUDICE MOTIONS TO CERTIFY
CLASS AND (2) REFERRING THIS
CASE TO THE PILOT PRO BONO
PROGRAM

v.
JAMES COX, et al.,
Defendants.

(Dkt. #28, 33)

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Prior to his amended complaint being screened, plaintiff John Doe filed two motions to

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certify a class. It is unclear from his motions the exact contours of the class, although it appears

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to be HIV-positive inmates incarcerated by the Nevada Department of Corrections. It is also

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unclear which claims Doe seeks to assert on behalf of the class and which claims he asserts only

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on his own behalf. Doe also requests counsel to be appointed to represent himself and the class.

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I deny Doe’s motion for class certification because in addition to the defects identified

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above, Doe may proceed pro se but he may not represent a class in a class action because he has

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no authority to act as an attorney for others. See C.E. Pope Equity Trust v. United States, 818 F.2d

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696, 697 (9th Cir. 1987). I will not appoint an attorney under 28 U.S.C. §1915(e)(1) for the

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reasons stated in Magistrate Judge Foley’s December 1, 2015 Order (Dkt. #39). However, I will

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refer this case to the Pilot Pro Bono Program.

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IT IS THEREFORE ORDERED that John Doe’s motions to certify class action (Dkt.
#28, #33) are DENIED.
IT IS FURTHER ORDERED that this case is referred to the Pilot Pro Bono Program

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(“Program”) adopted in General Order 2014-01 for the purpose of screening for financial

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eligibility (if necessary) and identifying counsel willing to be appointed as pro bono counsel for

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plaintiff John Doe. The scope of appointment shall be for all purposes through the conclusion of

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trial. By referring this case to the Program, the court is not expressing an opinion as to the merits

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of the case.

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IT IS FURTHER ORDERED that the Clerk shall also forward this order to the Pro Bono
Liaison.
DATED this 14th day of March, 2016.
ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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