Opinion
CV 316-086
02-06-2017
MELVIN HARRIS, a/k/a MELVIN PARKS, Plaintiff, v. NATHAN DEAL, Governor; HOMER BRYSON, Commissioner; PHILLIP HALL, Warden; and FRED GAMMAGE, Warden of Security, Defendants.
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
Plaintiff, an inmate incarcerated at Telfair State Prison in Helena, Georgia, commenced the above-captioned case pursuant to 42 U.S.C. § 1983 and is proceeding pro se and in forma pauperis ("IFP"). Before the Court is Plaintiff's "motion for class action lawsuit." (Doc. no. 13.) Plaintiff seeks to join his lawsuit with another inmate's lawsuit in a class action pursuant to Federal Rule of Civil Procedure 23, and argues the defendants in both cases are very similar. (See id.)
Pro se prisoner class action complaints are improper. Indeed, "[i]t is plain error to permit [an] imprisoned litigant who is unassisted by counsel to represent his fellow inmates in a class action." Wallace v. Smith, 145 F. App'x 300, 302 (11th Cir. 2005) (per curiam) (quoting Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir.1975)). Simply put, incarcerated pro se litigants may not bring a class action on behalf of other prisoners. See Fymbo v. State Farm Fire & Cas. Co., 213 F.3d 1320, 1321 (10th Cir. 2000) (holding that a pro se litigant "cannot adequately represent [a] putative class"). Moreover, the Court finds that Plaintiff's conclusory, one-page motion for class certification does not in any way comply with the requirements of Fed R. Civ. P. 23. Accordingly, the Court REPORTS and RECOMMENDS Plaintiff's motion for class certification be DENIED. (Doc. no. 13.)
SO REPORTED AND RECOMMENDED this 6th day of February, 2017, at Augusta, Georgia.
/s/_________
BRIAN K. EPPS
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA