United States District Court, N.D. California
October 14, 2005.
LAZIEL WEIDMAN, Plaintiffs,
MICHAEL L. FRIEDMAN, et al., Defendant(s).
The opinion of the court was delivered by: MAXINE CHESNEY, District Judge
ORDER OF DISMISSAL; DENYING APPLICATION TO PROCEED IN FORMA
Plaintiff Laziel Weidman, currently incarcerated at the
Correctional Treatment Facility ("CTF"), and proceeding pro se,
filed the above-titled action pursuant to 42 U.S.C. § 1983,
seeking appointment as representative of a certified class of
similarly situated inmates. He challenges the parole revocation
proceedings of the Board of Prison Terms.
Pro se prisoner plaintiffs may not bring class actions. They
are not qualified to act as class representatives as they are
unable to fairly represent and adequately protect the interests
of the class. See Fed.R.Civ.P. 23(a); Oxendine v.
Williams, 509 F.2d 1405, 1407 (4th Cir. 1975); see also
Russell v. United States, 308 F.2d 78, 79 (9th Cir. 1962)
(holding that "a litigant appearing in propria persona has no
authority to represent anyone other than himself"). Accordingly,
the above-titled action is hereby DISMISSED, without prejudice to
plaintiff's filing a new action solely on his own behalf.
In light of the dismissal, the application to proceed in forma
pauperis is DENIED and no fee is due.
This order terminates Docket No. 2.
The clerk shall close the file.
© 1992-2005 VersusLaw Inc.