Doerer

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

ROBERT JUSTUS, ) Case No.: 1:25-cv-0138 JLT SAB ) Plaintiff, ) ORDER ADOPTING IN FULL THE FINDINGS ) AND RECOMMENDATIONS AND DENYING v. ) PLAINTIFF’S MOTION TO CREATE A CLASS ) ACTION J. DOERER, et al., ) ) (Docs. 9, 11) Defendants. ) )

Robert Justus seeks to hold the defendants liable for violations of his civil rights while incarcerated at the United States Penitentiary Atwater. (See generally Doc. 1.) Plaintiff contends “[t]here are at least 27 plaintiffs that filed substantially the same claims in this court,” and requests the Court “create a class action under FRCP Rule 23.” (Doc. 9 at 1.) The magistrate judge noted that “Plaintiff is a non-lawyer proceeding without counsel, and it is well established that a layperson cannot ordinarily represent the interests of a class.” (Doc. 11 at 1, citing, e.g., McShane v. United States, 366 F.2d 286 (9th Cir. 1966).) In addition, the magistrate judge 24…