UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA
July 20, 2009
ALFRED ROLLINGS, PLAINTIFF,
WARDEN HARRINGTON, DEFENDANT
The opinion of the court was delivered by: Dennis L. Beck United States Magistrate Judge
ORDER CONSTRUING ACTION AS AN INDIVIDUAL CIVIL SUIT
Plaintiff Alfred Rollings ("Plaintiff") filed this action on June 22, 2009. Plaintiff seeks certification of this litigation as a class action. Plaintiff, however, is a non-lawyer proceeding without counsel. It is well established that a layperson cannot ordinarily represent the interests of a class. See McShane v. United States, 366 F.2d 286 (9th Cir. 1966). This rule becomes almost absolute when, as here, the putative class representative is incarcerated and proceeding pro se. Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975). In direct terms, plaintiff cannot "fairly and adequately protect the interests of the class" as required by Fed. R. Civ. P. 23(a)(4). See Martin v. Middendorf, 420 F. Supp. 779 (D.D.C. 1976). This action, therefore, will not be construed as a class action and instead will be construed as an individual civil suit brought by plaintiff.
IT IS SO ORDERED.
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