Ramirez

Ramirez v. Guinn

Good Law
271 F. App'x 574
United States Court of Appeals for the Ninth CircuitMarch 24, 2008No. 06-16553California796 words

Opinion

Lead Opinion

MEMORANDUM **

Miguel A. Ramirez, a Nevada state prisoner, appeals pro se from the district *575 court’s summary judgment for defendants in his 42 U.S.C. § 1983 action alleging prison officials violated his constitutional rights by improperly classifying and housing him as a member of a security threat group (STG). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo, Lopez v. Smith, 203 F.3d 1122, 1131 (9th Cir.2000) (en banc), and we affirm.

The district court did not abuse its discretion in denying Ramirez’s motion for class certification because Ramirez 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 did not abuse its discretion in denying Ramirez’s request for appointment of counsel pursuant to 28 U.S.C. § 1915 (e)(1) because Ramirez failed to demonstrate exceptional circumstances. See Terrell v. Brewer, 935 F.2d 1015, 1017 (9th Cir.1991).

The district court did not abuse its discretion in…

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