Jeff Kile v. J. Doerer

Summary

The United States Magistrate Judge recommends denying Plaintiff Jeff Kile’s motion for class certification in a pro se civil rights action. The recommendation concludes that an incarcerated, non-lawyer proceeding without counsel cannot fairly and adequately represent a class under Federal Rule of Civil Procedure 23(a)(4), and also notes that the motion does not provide enough information to assess permissive joinder under Rule 20.

Holdings

1. An incarcerated nonlawyer proceeding pro se cannot fairly and adequately protect the interests of a putative class under Federal Rule of Civil Procedure 23(a)(4), and therefore cannot serve as the class representative in this action.
2. Plaintiff's motion for class certification should be denied because he cannot satisfy Rule 23(a)(4)'s adequacy-of-representation requirement.

Questions Presented

1. Whether Plaintiff, an incarcerated nonlawyer proceeding pro se, could satisfy Federal Rule of Civil Procedure 23(a)(4)'s requirement that a class representative fairly and adequately protect the interests of the class.
2. Whether Plaintiff's motion for class certification should be denied.

Disposition

other