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Hamrick v. Baird

United States District Court, S.D. Illinois

January 11, 2017

RODNEY C. HAMRICK, Plaintiff,
v.
MAUREEN P. BAIRD, Defendant.

          ORDER

          DONALD G. WILKERSON United States Magistrate Judge

         Now 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.

         In his 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.

         Federal 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 ...


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