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Harden v. Director

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Jul 11, 2017
Case No. 2:17-cv-01826-APG-GWF (D. Nev. Jul. 11, 2017)

Opinion

Case No. 2:17-cv-01826-APG-GWF

07-11-2017

HAROLD D. HARDEN et al., Plaintiffs, v. NDOC HDSP DEPUTY DIRECTOR et al., Defendants.


ORDER

I. DISCUSSION

On June 29, 2017, Plaintiffs Harold D. Harden, Darin K. Lee, Joseph A. Riley, Devon Richmond, Calvin Jones, Lewis T. Nichols, Mark Thomas Jr., and Latin Maxie, who are prisoners in the custody of the Nevada Department of Corrections ("NDOC"), submitted a civil rights complaint pursuant to 42 U.S.C. § 1983. (ECF No. 1-1). Harden and Thomas signed the complaint. (Id. at 9). None of the inmates have filed an application to proceed in forma pauperis or paid the full filing fee for a civil action.

Pro se litigants have the right to plead and conduct their own cases personally. See 28 U.S.C. § 1654. However, pro se litigants have no authority to represent anyone other than themselves. See Cato v. United States, 70 F.3d 1103, 1105 n.1 (9th Cir. 1995); C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987).

The Court dismisses this case, without prejudice, with leave for each individual plaintiff to file his own application to proceed in forma pauperis and his own complaint in his own individual case. Harden and Thomas do not have the ability to represent each other or the remaining plaintiffs in this case. If the plaintiffs decide to file their own individual lawsuits, each plaintiff should follow the directions in the form complaint and "describe exactly what each specific defendant (by name) did to violate your rights."

II. CONCLUSION

For the foregoing reasons, it is ordered that this case is dismissed in its entirety, without prejudice.

It is further ordered that each plaintiff may file a complaint and an application to proceed in forma pauperis in his own individual case.

It is further ordered that the Clerk of the Court shall send each plaintiff the approved form application to proceed in forma pauperis by a prisoner, as well as the document entitled information and instructions for filing an in forma pauperis application.

It is further ordered that the Clerk of the Court shall send each plaintiff the approved form for filing a 42 U.S.C. § 1983 complaint, instructions for the same, and a copy of the complaint (ECF No. 1-1).

It is further ordered that the Clerk of the Court shall enter judgment accordingly.

Dated: July 11, 2017,

/s/_________

UNITED STATES DISTRICT JUDGE


Summaries of

Harden v. Director

UNITED STATES DISTRICT COURT DISTRICT OF NEVADA
Jul 11, 2017
Case No. 2:17-cv-01826-APG-GWF (D. Nev. Jul. 11, 2017)
Case details for

Harden v. Director

Case Details

Full title:HAROLD D. HARDEN et al., Plaintiffs, v. NDOC HDSP DEPUTY DIRECTOR et al.…

Court:UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Date published: Jul 11, 2017

Citations

Case No. 2:17-cv-01826-APG-GWF (D. Nev. Jul. 11, 2017)