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White v. Geren

United States Court of Appeals, Ninth Circuit
Jan 26, 2009
310 F. App'x 159 (9th Cir. 2009)

Summary

upholding dismissal of class action claims because Plaintiff, as a pro se litigant, was not able to act as an adequate class representative

Summary of this case from Epperson v. Affairs

Opinion

No. 05-56816.

Submitted January 13, 2009.

The panel unanimously finds this case suitable for decision without oral argument. See Fed.R.App.P. 34(a)(2).

Filed January 26, 2009.

Vergie H. White, Lancaster, CA, pro se.

USLA — Office of the U.S. Attorney Civil Tax Divisions, Los Angeles, CA, for Defendant-Appellee.

Appeal from the United States District Court for the Central District of California, Nora M. Manella, District Judge, Presiding. D.C. No. CV-04-09364-NM.

Before: O'SCANNLAIN, BYBEE, and CALLAHAN, Circuit Judges.



MEMORANDUM

This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.


Vergie H. White appeals pro se from the district court's order dismissing her action alleging race discrimination against minority employees at Edwards Air Force Base. We have jurisdiction under 28 U.S.C. § 1291. We review de novo an order dismissing for failure to state a claim. Ortez v. Washington County, 88 F.3d 804, 807 (9th Cir. 1996). We affirm.

The district court properly dismissed White's Title VII claim because White did not fully exhaust her administrative remedies. See Jasch v. Potter, 302 F.3d 1092, 1094 (9th Cir. 2002) ("In order to bring a Title VII cause of action against a federal government agency in district court, [plaintiff] must first exhaust his administrative remedies.").

The district court properly dismissed White's class action claims because White, proceeding pro se, 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) (holding that a lay person lacks authority to appear as an attorney for others).

White's remaining contentions are unpersuasive.

AFFIRMED.


Summaries of

White v. Geren

United States Court of Appeals, Ninth Circuit
Jan 26, 2009
310 F. App'x 159 (9th Cir. 2009)

upholding dismissal of class action claims because Plaintiff, as a pro se litigant, was not able to act as an adequate class representative

Summary of this case from Epperson v. Affairs

upholding dismissal of class action claims because a pro se plaintiff cannot act as an adequate class representative

Summary of this case from Cuda v. Emps.

upholding dismissal of class action claims because Plaintiff, as a pro se litigant, was not able to act as an adequate class representative

Summary of this case from Epperson v. Capital of Harrisburg

upholding dismissal of class action claims because a pro se plaintiff was unable to act as an adequate class representative

Summary of this case from Pitts v. Ige

upholding dismissal of class action claims because Plaintiff, as a pro se litigant, was not able to act as an adequate class representative

Summary of this case from Epperson v. British Embassy

upholding dismissal of class action claims because Plaintiff, as a pro se litigant, was not able to act as an adequate class representative

Summary of this case from Epperson v. British Embassy

upholding dismissal of class-action claims alleging race discrimination against minority employees because plaintiff was proceeding pro se

Summary of this case from Balin v. City of Los Angeles

affirming dismissal of class action since pro se plaintiff cannot act as an adequate class representative

Summary of this case from Jossy v. Hawaii

stating pro se plaintiff is unable to act as an adequate class representative

Summary of this case from Long v. Sugai
Case details for

White v. Geren

Case Details

Full title:Vergie H. WHITE, Plaintiff-Appellant, v. Pete GEREN, Acting Secretary of…

Court:United States Court of Appeals, Ninth Circuit

Date published: Jan 26, 2009

Citations

310 F. App'x 159 (9th Cir. 2009)

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