UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
February 19, 2009
LATONIA JONES, PLAINTIFF,
FRESNO COUNTY JAIL, DEFENDANT.
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER CONSTRUING ACTION AS INDIVIDUAL CIVIL SUIT (Doc. 1)
Plaintiff Latonia Jones ("Plaintiff") is a prisoner proceeding pro se in this civil rights action. Plaintiff filed this action on February 2, 2009.
The court is required to screen complaints brought by prisoners seeking relief against a governmental entity or officer or employee of a governmental entity. 28 U.S.C. § 1915A(a). The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are legally "frivolous or malicious," that fail to state a claim upon which relief may be granted, or that seek monetary relief from a defendant who is immune from such relief. 28 U.S.C. § 1915A(b)(1),(2).
The court has a large number of prisoner civil rights cases pending before it and has not yet screened Plaintiff's complaint. However, upon cursory review of the complaint, Plaintiff states that this is a class action. Plaintiff is not an attorney and is proceeding without counsel. A non-attorney proceeding pro se may bring his own claims to court, but may not represent others. Fymbo v. State Farm Fire & Casualty Co., 213 F.3d 1320, 1321 (2000); Johns v. County of San Diego, 114 F.3d 874, 876 (9th Cir. 1997); C. E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987). A pro se litigant simply cannot "fairly and adequately protect the interests of the class." Fed. R. Civ. P. 23(a)(4); Fymbo, 213 F.3d at 1321. Therefore, this action will be construed as an individual civil suit brought by plaintiff rather than as a class action.
IT IS SO ORDERED.
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