Opinion
Case No. 15-cv-4429 (WMW/JSM)
05-19-2016
Tony Dejuan Jackson, Plaintiff, v. Governor Mark Dayton et al., Defendants.
ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the Court on the March 22, 2016 Report and Recommendation ("R&R") of United States Magistrate Judge Jeffrey J. Keyes. In the R&R, Magistrate Judge Keyes recommends that Plaintiff's motions for certification of a class action and for the appointment of counsel be denied without prejudice. Plaintiff filed timely objections to the R&R.
The Court must conduct a de novo review of any portion of a magistrate judge's recommendation to which specific objections are made. 28 U.S.C. § 636(b)(1)(C); Fed. R. Civ. P. 72(b); LR 72.2(b). Plaintiff's objections to the R&R reassert many of the arguments presented in his motions for certification of a class action and for the appointment of counsel. Plaintiff is correct that Rule 23, Fed. R. Civ. P., requires counsel to be appointed when a class is certified. However, a class has not been certified in this matter. The R&R relies on precedent that precludes a pro se party from seeking class certification or representing the interests of other litigants. See Knoefler v. United Bank of Bismarck, 20 F.3d 347, 348 (8th Cir. 1994). Plaintiff's arguments for the appointment of counsel rely primarily on his assertion that "Class Actions are too complex for a Pro Se Prisoner to handle." But a class action has not been certified. After conducting a de novo review, this Court adopts the R&R and incorporates its reasoning as applied to Plaintiff's objections.
Based on the Report and Recommendation of Magistrate Judge Keyes, and all of the files, records and proceedings, IT IS HEREBY ORDERED that:
1. Plaintiff's Motion for Class Action, (Dkt. 3), is DENIED WITHOUT PREJUDICE; andDated: May 19, 2016
2. Plaintiff's Motion for Appointment of Counsel, (Dkt. 6), is DENIED WITHOUT PREJUDICE.
s/Wilhelmina M. Wright
Wilhelmina M. Wright
United States District Judge