(PC) Rogers et al v. Gardner et al, No. 1:2010cv00792 - Document 19 (E.D. Cal. 2011)

Court Description: ORDER ADOPTING 17 FINDINGS AND RECOMMENDATIONS; Denying 13 Motion for Class Certification; and the Clerk is Directed to Open Separate Actions for Plaintiff's McClendon and Youmans and File Copies of Plaintiffs' Complaint in those Actions signed by District Judge Lawrence J. O'Neill on 02/10/2011. (Flores, E)

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(PC) Rogers et al v. Gardner et al Doc. 19 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 9 CHARLES A. ROGERS, et al. 10 11 CASE NO. 1:10-cv-00792-LJO-SKO PC Plaintiffs, ORDER ADOPTING RECOMMENDATIONS FINDINGS AND v. (Doc. 17) 12 13 W. GARDNER, et al., Defendants. / 14 15 Plaintiffs Charles A. Rogers, Demitrius M. McClendon, and Antonio P. Youmans 16 (“Plaintiffs”) are state prisoners proceeding pro se and in forma pauperis in this civil rights action 17 pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant 18 to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 19 On September 29, 2010, the Magistrate Judge issued a Findings and Recommendations 20 which recommended that Plaintiffs’ motion requesting class certification be denied and this action 21 be severed such that each plaintiff shall proceed separately on his own claims. (Doc. #17.) The 22 Findings and Recommendations were served on Plaintiffs and contained notice to Plaintiffs that any 23 objections to the Findings and Recommendations were to be filed within thirty (30) days of the date 24 on which the Findings and Recommendations were served. Plaintiff Charles A. Rogers filed 25 objections on September 29, 2010. (Doc. #17.) 26 In accordance with the provisions of 28 U.S.C. § 636(b)(1)(C) and Local Rule 305, this Court 27 has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court 28 finds the Findings and Recommendations to be supported by the record and by proper analysis. 1 Dockets.Justia.com 1 Plaintiffs have failed to persuade the Court that class certification is appropriate or that this 2 action should proceed jointly as to all three plaintiffs. A non-attorney proceeding pro se cannot fairly 3 and adequately protect the interests of fellow inmates in a class action. See Oxendine v. Williams, 4 509 F.2d 1405 (4th Cir. 1975). A non-attorney may bring his own claims to court, but may not 5 represent others. Flymbo v. State Farm Fire & CasualtyCo., 213 F.3d 1320, 1321 (2000). 6 The objections filed to the Findings and Recommendations exemplify the difficulties caused 7 by actions brought by multiple incarcerated pro se plaintiffs. The objections are only signed by one 8 party, Charles A. Rogers, who asserts that he is the “class representative” for Plaintiff’s McClendon 9 and Youmans. The Findings and Recommendations noted the delays and difficulties caused when 10 multiple incarcerated pro se plaintiffs attempt to litigate a joint action because of the need to agree 11 on all filings made in this action and the need for all filings to contain the original signatures of all 12 plaintiffs. Plaintiffs were unable to file joint objections signed by all three plaintiffs. The remaining 13 arguments made in the objections are unpersuasive. 14 Accordingly, the Court HEREBY ORDERS that: 15 1. The September 29, 2010 Findings and Recommendations are ADOPTED in full; 16 2. Plaintiffs’ request for class certification is DENIED; and 17 3. The Clerk is directed to open separate actions for Plaintiffs McClendon and Youmans 18 and file copies of Plaintiffs’ complaint in those actions. This action shall only 19 proceed on the claims raised by Plaintiff Rogers. 20 21 IT IS SO ORDERED. 22 Dated: b9ed48 February 10, 2011 /s/ Lawrence J. O'Neill UNITED STATES DISTRICT JUDGE 23 24 25 26 27 28 2

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