McGuire v. Nevada Department of Corrections et al

Filing 15

ORDER - McGuire's motions for class certification, (ECF No. 12 ), and for appointment of counsel, (ECF No. 13 ), are DENIED. Signed by Magistrate Judge Carla Baldwin on 2/6/2024. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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***

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ROBERT MCGUIRE,

Case No. 3:23-CV-00165-ART-CLB

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Plaintiff,

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v.
NEVADA DEPARTMENT OF
CORRECTIONS, et. al.,

ORDER DENYING MOTION
FOR CLASS CERTIFICATION AND
MOTION FOR APPOINTMENT OF
COUNSEL
[ECF Nos. 12, 13]

Defendants.

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Before the Court is Plaintiff Robert McGuire’s (“McGuire”) motion for class

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certification, (ECF No. 12), and motion for appointment of counsel, (ECF No. 13). For

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the reasons discussed below, the motions, (ECF Nos. 12, 13), are denied.

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McGuire’s motions ask that the Court reconsider a prior order denying class

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certification and appoint counsel to represent the class. (ECF Nos. 12, 13.) Specifically,

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McGuire requests class action certification for all inmates housed in Unit 5 A/B at ESP

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in August 2020 and all inmates transferred from Unit 5 A/B to Unit 3 A/B at HDSP. As

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the Court previously explained, pro se litigants have the right to plead and conduct their

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own cases personally. See 28 U.S.C. § 1654. However, pro se litigants have no authority

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to represent anyone other than themselves. See Cato v. United States, 70 F.3d 1103,

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1105 n.1 (9th Cir. 1995); C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th

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Cir. 1987). Thus, to pursue their claims, each plaintiff will need to initiate their own

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lawsuits by filing individual applications to proceed in forma pauperis and individual

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complaints with the Clerk of the Court.

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McGuire has presented no evidence that other plaintiffs have initiated lawsuits

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with the same allegations as the Court previously directed. Thus, McGuire’s motion for

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class certification is premature. Similarly, a request for class counsel is premature as

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there is no class at this juncture.

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Accordingly, McGuire’s motions for class certification, (ECF No. 12), and for
appointment of counsel, (ECF No. 13), are DENIED.
IT IS SO ORDERED.
February 6, 2024
DATED: __________________

______________________________________
UNITED STATES MAGISTRATE JUDGE

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