Williams v. Nevada Attorney General

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA

3 THOMAS L. WILLIAMS, et al., Case No. 3:23-cv-00510-MMD-CSD

4 Plaintiffs ORDER

5 v.

6 JOEY KEATON, et al.,

7 Defendants

8 9 On October 19, 2023, Plaintiffs Thomas Williams, Joey Keaton, and Haywood 10 Wilson, inmates at Washoe County Detention Facility, submitted a pro se civil-rights 11 complaint under 42 U.S.C. § 1983 that seeks to bring a class action on behalf of African 12 American pretrial detainees at the facility. But the Court cannot consider the complaint 13 because no Plaintiff personally signed it. And this action cannot otherwise proceed 14 because Plaintiffs have neither paid the full $402 filing fee nor applied to proceed in forma 15 pauperis. 16 I. DISCUSSION 17 Litigants who are not represented by counsel are pro se and have the right to plead 18 and conduct their own cases personally. 28 U.S.C. § 1654. But pro se litigants have no 19 authority to represent anyone other than themselves. See, e.g., Simon v. Hartford Life, 20 Inc., 546 F.3d 661, 664–65 (9th Cir. 2008) (collecting cases and explaining that a non- 21 attorney plaintiff cannot pursue claims on behalf of others in a representative capacity); 22 Cato v. United States, 70 F.3d 1103, 1105 n.1 (9th Cir. 1995); C.E. Pope Equity Trust v. 23 United States, 818 F.2d 696, 697 (9th Cir. 1987). This means pro se litigants cannot seek 24 to certify a case as a class action themselves; they must be represented by counsel. See 25 Simon, 546 F.3d at 665 (citing Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975) 26 (holding pro se prisoner may not bring a class action on behalf of fellow prisoners)). But 27 there is no right to appointed counsel in civil-rights actions. And “the court will appoint 28 1 counsel for indigent civil litigants only in ‘exceptional circumstances.’” Palmer v. Valdez, 2 560 F.3d 965, 970 (9th Cir. 2009). 3 In any event, “[a] civil action is commenced by filing a complaint with the court.” 4 Fed. R. Civ. P. 3. Nevada Local Rule LSR 2-1 provides that “[a] civil-rights complaint filed 5 by a person who is not represented by an attorney must be submitted on the form 6 provided by this court or must be legible and contain substantially all the information called 7 for by the court’s form.” And the complaint must be signed personally by the 8 unrepresented party. Fed. R. Civ. P. 11(a). 9 Moreover, this Court must collect filing fees from parties initiating civil actions. 28 10 U.S.C. § 1914(a). The fee for filing a civil-rights action is $402, which includes the $350 11 filing fee and the $52 administrative fee. See 28 U.S.C. § 1914(b). “Any person who is 12 unable to prepay the fees in a civil case may apply to the court for leave to proceed in 13 forma pauperis.” LSR 1-1. For an inmate to apply for in forma pauperis status, the inmate 14 must submit all three of the following documents to the Court: (1) a completed 15 Application to Proceed in Forma Pauperis for Inmate, which is pages 1–3 of the 16 Court’s approved form, that is properly signed by the inmate twice on page 3; (2) a 17 completed Financial Certificate, which is page 4 of the Court’s approved form, that is 18 properly signed by both the inmate and a prison or jail official; and (3) a copy of the 19 inmate’s prison or jail trust fund account statement for the previous six-month 20 period. See 28 U.S.C. § 1915(a)(1)–(2); LSR 1-2. 21 The Court will grant each Plaintiff an opportunity to file a signed complaint and 22 either pay the full $402 filing fee or file a fully complete application to proceed in forma 23 pauperis. But only Plaintiff Thomas Williams is permitted to proceed in this action 24 currently. If any other Plaintiff wishes to proceed with his claims, he must file a signed 25 complaint with the Court, under a new case number, and either pay the full $402 filing fee 26 or file a fully complete application to proceed in forma pauperis. 27 28 1 II. CONCLUSION 2 For the foregoing reasons, it is ordered that Plaintiff Thomas L. Williams will submit 3 a signed first amended complaint to this Court on or before December 26, 2023. 4 It is further ordered that if Plaintiff Thomas Williams chooses to file an amended 5 complaint, he is advised that an amended complaint replaces the original complaint, so 6 the amended complaint must be complete in itself. See Hal Roach Studios, Inc. v. Richard 7 Feiner & Co., Inc., 896 F.2d 1542, 1546 (9th Cir. 1989). This means the amended 8 complaint must contain all claims, defendants, and factual allegations that Plaintiff 9 Thomas Williams wishes to pursue in this action. Thus, the submission of a mere 10 signature page will not be enough. Moreover, Plaintiff should file the amended complaint 11 on this Court’s approved civil-rights form, and it must be titled “First Amended Complaint.” 12 It is further ordered that, on or before December 26, 2023, Plaintiff Thomas 13 Williams will either pay the full $402 filing fee or file a fully complete application to proceed 14 in forma pauperis with all three required documents: a completed application with the 15 inmate’s two signatures on page 3, a completed financial certificate that is signed both by 16 the inmate and the prison or jail official, and a copy of the inmate’s trust fund account 17 statement for the previous six-month period. 18 It is further ordered that Plaintiffs Joey Keaton and Haywood Wilson are dismissed 19 without prejudice from this action. 20 Plaintiff Thomas Williams is cautioned that this action will be subject to dismissal 21 without prejudice if he fails to timely comply with this order. A dismissal without prejudice 22 allows Plaintiff to refile the case with the Court, under a new case number, when he can 23 file a signed complaint and either pay the required filing fee or apply for in forma pauperis 24 status. 25 It is further ordered that if either Joey Keaton or Haywood Wilson wishes to 26 proceed with his claims, each inmate must file his own complaint with the Court, under a 27 new case number, and either pay the full $402 filing fee or file a fully complete application 28 to proceed in forma pauperis. 1 It is further ordered that the Clerk of the Court will send Plaintiff Thomas Williams, 2| Joey Keaton, and Haywood Wilson each the approved form for filing a 42 U.S.C. § 1983 3 | complaint and instructions for the same, the approved form application to proceed in 4) forma pauperis for an inmate and instructions for the same, a copy of the original 5 | complaint (ECF No. 1-1), and General Order No. 2021-05. 6 DATED THIS 26th day of October 2023. 7 CS 9 UNITED STATES MAGI ATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28