Gupta
Gupta v. Terhune
Opinion
lead Opinion
MEMORANDUM **
Raj Christopher Gupta, a former California state prisoner, appeals pro se from *773 the district court’s judgment, following a jury trial, in his 42 U.S.C. § 1988 action alleging prison officials violated his constitutional rights during prison lockdowns. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.
The district court did not abuse its discretion in denying Gupta’s motion for class certification because Gupta was not an adequate class representative. See Fed. R.Civ.P. 23(a)(4) (requiring that class representative be able “to fairly and adequately protect the interests of the class”); McShane v. United States, 366 F.2d 286, 288 (9th Cir.1966) (lay person lacks authority to appear as an attorney for others).
The district court properly remanded Gupta’s unopposed motion for summary judgment to the magistrate judge in order to determine whether a genuine issue of material fact existed for trial. See Martinez v. Stanford, 323 F.3d 1178, 1182 (9th Cir.2003) (holding that nonmoving party’s failure to oppose summary judgment “does not excuse the moving party’s affirmative duty under Rule 56 to demonstrate its entitlement to judgment as a matter of law”).