Matthews v. State of Nevada Legislature

Filing 85

ORDER denying 72 Motion to assign/designate class-action status to 08-CV-00387-LRH (VPC) pending enjoinder. Signed by Magistrate Judge Valerie P. Cooke on 5/19/09. (Copies have been distributed pursuant to the NEF - DN)

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

FELTON MATTHEWS,

) ) Plaintiff, ) ) vs. ) ) NEVADA LEGISLATURE, et al., ) ) Defendants. ) ______________________________) PRESENT:

3:08-CV-0387-LRH (VPC) MINUTES OF THE COURT May 19, 2009

THE HONORABLE VALERIE P. COOKE, U.S. MAGISTRATE JUDGE LISA MANN REPORTER: NONE APPEARING

DEPUTY CLERK:

COUNSEL FOR PETITIONER(S): NONE APPEARING COUNSEL FOR RESPONDENT(S): NONE APPEARING MINUTE ORDER IN CHAMBERS: Plaintiff filed a motion to assign/designate class-action status to 08-CV-00387-LRH (VPC) pending enjoinder (#72). Defendants opposed the motion (#78), and plaintiff replied (#81). Plaintiff has not met the standard for class certification and he is without authority to litigate on behalf of other prisoners. Fed.R.Civ.P. 23. See, e.g., Carter v. Taylor, 540 F.Supp.2d 522, 527 (D.Del. 2008); Reed v. Bd. of Prison Terms, No. C 03-2917, 2003 WL 21982471, at *1 (N.D. Cal. Aug. 8, 2003); see also Russell v. United States, 308, F.2d 78, 79 (9th Cir. 1962) ("A litigant appearing in propria persona has no authority to represent anyone other than himself."). Therefore, plaintiff's motion to assign/designate class-action status to 08-CV-00387-LRH (VPC) pending enjoinder (#72) is DENIED. IT IS SO ORDERED. LANCE S. WILSON, CLERK By: /s/ Deputy Clerk