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Gaines v. Prosper

United States District Court, E.D. California
Feb 7, 2006
No. Civ. S 05-2014 MCE PAN P (E.D. Cal. Feb. 7, 2006)

Opinion

No. Civ. S 05-2014 MCE PAN P.

February 7, 2006


Findings and Recommendations


November 17, 2005, the court dismissed plaintiff's complaint because plaintiff sought to commence a class action without counsel. The court explained a plaintiff proceeding without counsel has neither the authority to represent anyone but himself nor the competence to protect the interests of other prisoners as required under Fed.R.Civ.P. 23 and gave plaintiff 60 days to file an amended complaint on behalf of himself only.

The 60-day period has expired and plaintiff has not filed an amended complaint.

Accordingly, I hereby recommend that this action be dismissed without prejudice. See Fed.R.Civ.P. 41(b); L.R. 11-110.

Pursuant to the provisions of 28 U.S.C. § 636(b)(l), these findings and recommendations are submitted to the United States District Judge assigned to this case. Written objections may be filed within 20 days of service of these findings and recommendations. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." The district judge may accept, reject, or modify these findings and recommendations in whole or in part.


Summaries of

Gaines v. Prosper

United States District Court, E.D. California
Feb 7, 2006
No. Civ. S 05-2014 MCE PAN P (E.D. Cal. Feb. 7, 2006)
Case details for

Gaines v. Prosper

Case Details

Full title:Henry Gaines, III, Plaintiff, v. Kathy Prosper, Defendant

Court:United States District Court, E.D. California

Date published: Feb 7, 2006

Citations

No. Civ. S 05-2014 MCE PAN P (E.D. Cal. Feb. 7, 2006)