Opinion
C 03-2917 MMC (PR)
August 8, 2003
ORDER OF DISMISSAL
Plaintiff Gary Reed, currently incarcerated at San Quentin State Prison ("SQSP"), is proceeding pro se, and he has filed this class action complaint under 42 U.S.C. § 1983. He challenges the parole revocation proceedings of the Board of Prison Terms.
Plaintiff brings this complaint on behalf of himself and a class that he defines as inmates housed in the SQSP Reception Center. Pro se prisoner plaintiffs may not bring class actions because they are not adequate class representatives able to fairly represent and adequately protect the interests of the class. See Fed.R.Civ.P. 23(a); Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975); see also Russell v. United States, 308 F.2d 78, 79 (9th Cir. 1962) (holding "a litigant appearing in propria persona has no authority to represent anyone other than himself'). Accordingly, this action is DISMISSED without prejudice to plaintiffs filing a new action solely on his own behalf.
In light of this dismissal, the application to proceed in forma pauperis is DENIED and no fee is due. This order terminates docket number 2 and all other pending motions. The clerk shall close the file.
SO ORDERED.