(PC) Stephen v. Lozano ( 2020 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JIMMIE STEPHEN, No. 2:20-CV-1286-DMC-P 12 Plaintiff, 13 v. ORDER 14 J.D. LOZANO, 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. Plaintiff has submitted a motion docketed as “Motion for Due Process.” See 19 ECF No. 7. Is it extremely unclear what plaintiff seeks through his motion, however, it appears 20 that plaintiff is attempting to convert his case into a class action. Plaintiff references “class 21 action” and lists 10 other potential plaintiffs who should receive “notification” of his complaint. 22 See ECF No. 7, pg. 3. Therefore, the Court interprets the motion as a request for class 23 certification. Because plaintiff is a non-attorney proceeding pro se, he cannot represent the 24 interests of a class. See McShane v. United States, 366 F.2d 286 (9th Cir. 1966). Further, 25 because plaintiff is incarcerated, he cannot "fairly and adequately protect the interests of the 26 class," as required by Federal Rule of Civil Procedure 23(a)(4). This action, therefore, will not be 27 construed as a class action but will be construed as an individual civil suit brought by plaintiff. 28 / / / wOASe 2 OU UV VECO PRIN MINIS MVOC ARO MOI Te OY oO 1 Accordingly, plaintiff's motion (ECF No. 7) is hereby denied. 2 IT IS SO ORDERED. 3 4 | Dated: August 3, 2020 Ssvcqo_ 5 DENNIS M. COTA 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28