United States District Court, S.D. Illinois
RODNEY C. HAMRICK, Plaintiff,
MAUREEN P. BAIRD, Defendant.
G. WILKERSON United States Magistrate Judge
pending before the Court is the Motion for Certification of
Class filed by Plaintiff, Rodney C. Hamrick (Doc. 13). For
the reasons set forth below, the Motion is DENIED.
motion, Plaintiff asks the Court to certify as a class
“all Muslim Prisoners incarcerated at the CMU in
Marion, Illinois, and to consolidate all pending civil
complaints filed by Muslim prisoners who were formerly, or
are presently incarcerated at CMU Marion, citing to one other
case pending in this District, Chesser v. Walton, et
al., Case No. 3:12-cv-1198-JPG-PMF.
Rule of Civil Procedure 23(a) prescribes that one or more
members of a class may sue as representative parties on
behalf of all members only if: (1) the class is so numerous
that joinder of all members is impracticable; (2) there are
questions of law or fact common to the class; (3) the claims
or defenses of the representative parties are typical of the
claims or defenses of the class; and (4) the representative
parties will fairly and adequately protect the interests of
the class. In this instance, Plaintiff's motion makes
only bare assertions that his proposed class and the claims
in this matter meet the requirements of Rule 23.
Plaintiff's motion is devoid of any evidence that his
claims are typical of the claims of the class or that he
would fairly and adequately protect the interests of the
class. Moreover, Plaintiff has failed to sufficiently
demonstrate that the class is so numerous that joinder is
impracticable as Plaintiff indicates there are only ...