Ali v. Jones et al

Filing 80

ORDER ADOPTING 38 REPORT AND RECOMMENDATION; denying 35 MOTION to Certify Class filed by Murtaza Ali; mailed to Murtaza Ali #78888745, HASKELL-RPRJDC, P O Box 877, Haskell, TX 79521 . Signed by Honorable Robin J. Cauthron on 1/25/16. (lg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
MURTAZA ALI,
Plaintiff,
vs.
JUSTIN JONES, et al.,
Defendants.

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No. CIV-14-1174-C

ORDER ADOPTING REPORT AND RECOMMENDATION
Plaintiff brought the present action pursuant to 42 U.S.C. § 1983, seeking recompense
for alleged violations of his constitutional rights. Consistent with the provisions of 28 U.S.C.
§ 636(b)(1)(B), this action was referred to United States Magistrate Judge Gary M. Purcell.
Judge Purcell entered a Second Supplemental Report and Recommendation (“R&R”) on
August 31, 2015, to which Plaintiff timely objected.
The R&R under consideration rejected Plaintiff’s request to certify a class. Plaintiff
argues that the Court’s ruling is inconsistent with the recent denial of his request for
appointment of counsel. According to Plaintiff, if the case is too complex for him to act as
representative then it is so complex that he should be appointed counsel.

Plaintiff

misapprehends the nature of the R&R and the reasons for denying his request for
appointment of counsel. As Judge Purcell noted, a non-lawyer cannot bring an action on
behalf of another person. Thus, this matter cannot proceed as a class action at this time. This
determination is not inconsistent with the determination that Plaintiff is capable of presenting
his claims without the benefit of counsel at the present time.

As set forth more fully herein, the Court adopts, in full, the Second Supplemental
Report and Recommendation of the Magistrate Judge (Dkt. No. 38). Plaintiff’s Motion to
Certify Class, Under Fed. R. Civ. P. 23 (Dkt. No. 35) is DENIED. The matter is again
referred to Judge Purcell consistent with the original Order of Referral.
IT IS SO ORDERED this 25th day of January, 2016.

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