Summary
The magistrate judge recommends denying Plaintiff James Michael Papazian’s motion for class certification in his pro se Bivens and Federal Tort Claims Act action concerning alleged deprivation of necessities during a prison lockdown. The recommendation concludes that an unrepresented non-lawyer may not represent a class and orders the case to be randomly assigned to a district judge, subject to a 14-day objection period.
Holdings
- A pro se litigant who is not assisted by counsel cannot ordinarily represent the interests of a class; therefore, Plaintiff's motion for class certification should be denied.
Questions Presented
- Whether a pro se, non-lawyer prisoner may represent a proposed class in a class action.
- Whether Plaintiff's motion for class certification should be denied because he cannot adequately represent the interests of absent class members.
Disposition
other
Cases Cited (7)
- Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971)(cited)
- McShane v. United States, 366 F.2d 286 (9th Cir. 1966)(followed)
- C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987)(followed)
- Russell v. United States, 308 F.2d 78, 79 (9th Cir. 1962)(followed)
- Wallace v. Smith, 145 F. App'x 300, 302 (11th Cir. 2005) (per curiam)(followed)
- Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975)(followed)
- Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014)(cited)
Cited In (0)
No citing cases on record yet.
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