(PC) Bland v. State of California ( 2021 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA DAVIS BLAND, No. 2:19-CV-2100-JAM-DMC-P 12 Plaintiff, 13 v. ORDER 14 STATE OF CALIFORNIA, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. 19 This action proceeds on Plaintiff’s first amended complaint. See ECF No. 21. 20 Plaintiff names himself and a class of 42 other inmates as plaintiffs to this action. See id. at 1. 21 For defendants, Plaintiff names the State of California, former California Attorney General 22 Xavier Becerra, and eight current or former Deputy Attorneys General for the State of California. 23 See id. at 1-2. Plaintiff asserts generally that Defendants have misrepresented themselves in the 24 context of their representation of the State of California. See generally ECF No. 21. 25 This lawsuit is brought by Plaintiff and a group of other inmates, apparently as a 26 class action. Plaintiff, however, is a non-lawyer proceeding without counsel. It is well 27 established that a layperson cannot ordinarily represent the interests of a class. See McShane v. 28 United States, 366 F.2d 286 (9th Cir. 1966). This rule becomes effectively absolute when, as 1 | here, the putative class representative is incarcerated and proceeding pro se. See Oxendine v. 2 | Williams, 509 F.2d 1405, 1407 (4th Cir. 1975). Here, where Plaintiff is not a licensed attorney, 3 | Plaintiff cannot "fairly and adequately protect the interests of the class,” as required by Rule 4 | 23(a)(4) of the Federal Rules of Civil Procedure. See Martin v. Middendorf, 420 F. Supp. 779 5 | (D.D.C. 1976). 6 Plaintiff's first amended complaint will be dismissed with leave to amend to assert 7 | his own individual claims only. Plaintiff is cautioned that failure to comply with this order may 8 || result in dismissal of the entire action. See Local Rule 110. 9 Accordingly, IT IS HEREBY ORDERED that: 10 1. Plaintiff's first amended complaint, ECF No. 21, is dismissed with leave to 11 | amend; 12 2. Plaintiff shall file a second amended complaint on the form provided 13 | within 30 days of the date of this order; and 14 3. The Clerk of the Court is directed to forward to Plaintiff the Court’s form 15 | civil rights complaint for state prisoners. 16 17 | Dated: August 9, 2021 18 DENNIS M. COTA 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 27 28