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)

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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. : : : : : : : : : 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 2

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