Reid et al v. Ebbert et al

Filing 106

ORDER: 1) The r and r of the M.J. Saporito 99 is ADOPTED;2) Reids mtn for class certification and for appointment of class counsel 96 is DENIED;3) The remaining matters are remanded to M.J. Arbuckle. Signed by Honorable Sylvia H. Rambo on 10/4/17. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KENNETH R. REID, et al.,
Plaintiffs,
v.
WARDEN J. EBBERT, et al.,
Defendants.

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Civil No. 1:16-cv-1403

Magistrate Judge Saporito
Judge Sylvia H. Rambo

ORDER
Before the court is a report and recommendation filed by the magistrate
judge in which he recommends that Plaintiff Kenneth R. Reid’s motion requesting
an order certifying a class action pursuant to Rule 23(c) of the Federal Rule of
Civil Procedure and requesting the appointment of class counsel pursuant to Rule
23(g) of the Federal Rules of Civil Procedure be denied for failure to meet the
prerequisites to class certification. In particular, the magistrate judge points to the
fact that Reid, who is proceeding pro se, cannot satisfy the requirement of
adequacy of representation.
No objections have been filed to the report and recommendation.
A review of the case law cited by the magistrate judge supports his
recommendation. Accordingly, IT IS HEREBY ORDERED AS FOLLOWS:
1) The report and recommendation of the magistrate judge (Doc. 99) is
ADOPTED;

2) Reid’s motion for class certification and for appointment of class counsel
(Doc. 96) is DENIED;
3) The remaining matters are remanded to Magistrate Judge William Arbuckle.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: October 4, 2017

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