SLAUGHTER et al v. CHRISTIE et al

Filing 17

MEMORANDUM and ORDER that the Clerk shall Reopen this case; Ordering that Clerk shall file the Complaint and issue summons; Denying Plaintiff's Motion for USMS to serve Docket entries 1-6; Denying Plaintiff's Motion to Proceed as a Class action. Signed by Judge Michael A. Shipp on 2/26/2016. (eaj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

CHARLES S. SLAUGHTER, et al.,
Civil Action No. 15-8327 (MAS)
Plaintiffs,

v.

MEMORANDUM AND ORDER

CHRISTOPHER J. CHRISTIE, et al.,
Defendants.

Lead Plaintiff Charles S. Slaughter and thirty nine other plaintiffs (collectively referred to
as "Plaintiffs"), individuals confined by the State of New Jersey, bring this civil action, asserting
claims under 42 U.S.C. § 1983. The Court previously administratively terminated the case,
because Plaintiffs neither submitted the proper filing fee nor submitted completed in forma
pauperis applications under 28 U.S.C. § 1915. (See Order, Dec. 2, 2015, ECF No. 2.) Plaintiffs

have since submitted the proper filing fee, and move to reopen the case. (See Pls.' Letter, ECF
No. 16.) Plaintiffs also request service by the United States Marshal, and request that the Court
grant their Motion to Proceed as a Class Action, ECF No. 1-5. Id at 2. As Plaintiffs have not
been granted in forma pauperis status, the Court is not required to provide service by the Marshal
under§ 1915, and the Court declines Plaintiffs' request.
Furthermore, the Court denies class action certification. Rule 23 of the Federal Rules of
Civil Procedure requires that in order for a plaintiff to obtain class action certification, four
elements must be satisfied: (1) the class is so numerous that joinder of all members is
impracticable; (2) there are questions oflaw or fact common to the class; (3) the claims or defenses
of the representative parties are typical of the claims or defenses of the class; and (4) the
representative parties will fairly and adequately protect the interest of the class. Fed. R. Civ. P.

23(a). The Third Circuit, this Court, and other courts have all held that a prisoner proceedingpro
se is inadequate to represent the interests of his fellow inmates in a class action. See Lewis v. City
of Trenton Police Dep 't, 175 F. App'x 552, 554 (3d Cir. 2006) ("Lewis, who is proceeding prose,
may not represent a putative class of prisoners."); Alexander v. NJ. State Parole Bd, 160 F. App'x
249, 250 n.l (3d Cir. 2005) ("[A] prisoner proceeding prose may not seek relief on behalf of his
fellow inmates."); Abdur-Raheem v. NJ. Dep 't ofCorr., No. 15-1743 (MAS), 2015 WL 9049752,
at* 1 (D.N.J. Dec. 16, 2015); Ali v. Jersey City Parking Auth., No. 13-2678, 2014 WL 1494578,
at *8 (D.N.J. Apr. 16, 2014); Caputo v. Fauver, 800 F. Supp. 168, 170 (D.N.J. 1992) ("Every court
that has considered the issue has held that a prisoner proceeding pro se is inadequate to represent
the interests of his fellow inmates in a class action") (citing Oxendine v. Williams, 509 F.2d 1405,
1407 (4th Cir. 1975); Avery v. Powell, 695 F. Supp. 632, 643 (D.N.H.1988); Ethnic Awareness
Org v. Gagnon, 568 F. Supp. 1186, 1187 (E.D. Wis. 1983)). Accordingly, the Court denies
Plaintiffs' request for class certification.
-f1(

IT IS therefore on this

cA6

day of-----4~~---#---------' 2016,

ORDERED that the Clerk shall REOPEN the case by m
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ing a new and separate docket

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entry reading "CIVIL CASE REOPENED"; it is further

ORDERED that the Clerk shall file the Complaint and issue summons; it is further
ORDERED that Plaintiffs' Motion for USMS to Serve, ECF No. 1-6, is hereby DENIED;
it is further

ORDERED that Plaintiffs' Motion to Proceed as a Class Action, ECF No. 1-5, is hereby
DENIED; and it is further

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ORDERED that the Clerk shall serve a copy of this Order upon Plaintiffs by regular U.S.

mail.

,;

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