Opinion
Civil Action 7:22-cv-00080
04-22-2022
ASKARI DANSA LUMUMBA, et al., Defendants. v. HAROLD CLARKE, et al., Chief United States District Judge Plaintiffs,
ORDER
Michael F. Urbanski, Chief U.S. District Judge
Askari Dansa Lumumba, a Virginia inmate proceeding pro se, filed this civil action under 42 U.S.C. § 1983 on behalf of himself and four other inmates at River North Correctional Center, including Thomas Rose. The case is presently before the court on Lumumba's motion for class certification, ECF No. 5, and Rose's motion to be removed from the case, ECF No. 8.
As an initial matter, the court notes that the complaint is only signed by Lumumba. See ECF No. 1. There is no indication that any of the other named plaintiffs authorized Lumumba to include them in the case. To the contrary, Rose's motion indicates that he “was not made aware that [he] was a party.” ECF No. 8. Consequently, the court will grant Rose's motion to be removed from the case and direct the Clerk to update the docket to reflect that Lumumba is the only plaintiff.
With respect to the motion for class certification, a pro se plaintiff may not represent other plaintiffs, and pro se class actions are not permissible. See Oxendine v. Williams, 509 F.2d 1405, 1407 (4th Cir. 1975) (“[I]it is plain error to permit this imprisoned litigant who is unassisted by counsel to represent his fellow inmates in a class action.”). Thus, the motion fo class certification must be denied.
For these reasons, it is hereby ORDERED as follows:
1. Lumumba's motion for class certification, ECF No. 5, is DENIED;
2. Rose's motion to be removed from the case, ECF No. 8, is GRANTED;
3. The Clerk is DIRECTED to update the docket to reflect that Lumumba is th only plaintiff in this case; and
4. The Clerk shall send a copy of this order to Lumumba and the other four inmates.
It is so ORDERED.