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Weidman v. Friedman

United States District Court, N.D. California
Oct 14, 2005
No. C 05-2619 MMC (PR), (Docket No. 2) (N.D. Cal. Oct. 14, 2005)

Opinion

No. C 05-2619 MMC (PR), (Docket No. 2).

October 14, 2005


ORDER OF DISMISSAL; DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS


Plaintiff Laziel Weidman, currently incarcerated at the Correctional Treatment Facility ("CTF"), and proceeding pro se, filed the above-titled action pursuant to 42 U.S.C. § 1983, seeking appointment as representative of a certified class of similarly situated inmates. He challenges the parole revocation proceedings of the Board of Prison Terms.

Pro se prisoner plaintiffs may not bring class actions. They are not qualified to act as class representatives as they are unable 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 that "a litigant appearing in propria persona has no authority to represent anyone other than himself"). Accordingly, the above-titled action is hereby DISMISSED, without prejudice to plaintiff's filing a new action solely on his own behalf.

In light of the dismissal, the application to proceed in forma pauperis is DENIED and no fee is due.

This order terminates Docket No. 2.

The clerk shall close the file.

SO ORDERED.


Summaries of

Weidman v. Friedman

United States District Court, N.D. California
Oct 14, 2005
No. C 05-2619 MMC (PR), (Docket No. 2) (N.D. Cal. Oct. 14, 2005)
Case details for

Weidman v. Friedman

Case Details

Full title:LAZIEL WEIDMAN, Plaintiffs, v. MICHAEL L. FRIEDMAN, et al., Defendant(s)

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

Date published: Oct 14, 2005

Citations

No. C 05-2619 MMC (PR), (Docket No. 2) (N.D. Cal. Oct. 14, 2005)