REESE et al
| DEON REESE, ERIC JEFFERSON, CECIL PINNIX and ARTHUR DAVIS |
| 2:2023cv00476 |
| March 20, 2023 |
| US District Court for the Western District of Pennsylvania |
| J Nicholas Ranjan |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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Filing 2
ORDER, denying #1 petition, without prejudice. Pending before the Court is a Pro Se "Petition for Recognition Asking Courts to Look into Each Defendant's Constitutional Violations lodged without Motion for In Forma Pauperis or payment of filing fee." This Petition was filed pro se by Deon Reese, who has a pending criminal case at No. 19-257. Mr. Reese also filed the Petition on behalf of three other individuals who have pending criminal cases against them (Eric Jefferson (22-239), Cecil Pinnix (22-250), and Arthur Davis (21-14)), as well as on behalf of a class of similarly situated individuals. From a review of the Petition, it is unclear whether it is being brought as a collateral challenge to the petitioners' pending criminal cases, a challenge to the conditions of confinement, a civil rights lawsuit, or as something else. To be sure, the Petition is very detailed and invokes a number of different and novel theories and topics. But there is one threshold procedural obstacle presented by the Petition, which is this: Mr. Reese may file a petition or lawsuit on his own behalf pro se, but he cannot (without a valid law license and appropriate bar admission) represent the other three petitioners. Nor can he or any of the other petitioners represent a class of similarly situated individuals, as the Petition purports to do. See Alexander v. New Jersey State Parole Bd., 160 F. App'x 249, 250 n.1 (3d Cir. 2005) ("Alexander's complaint sought to certify a class of all similarly-situated inmates. We understand the District Court to have denied this request, and note that a prisoner proceeding pro se may not seek relief on behalf of his fellow inmates."). For this reason, the Petition must be denied, without prejudice to either Mr. Reese re-filing it solely on his own behalf if he elects to proceed pro se, or having a licensed attorney re-file it. Further, in light of the relatedness of the Petition to the other criminal cases, the Court will transmit a copy of the Petition and this order to the judges and all counsel of record in Case Nos. 19-257, 21-14, 22-239, and 22-250. Signed by Judge J. Nicholas Ranjan on 3/22/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (pak)
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| Filing 1 Remark: Petition for Recognition Asking Courts to Look into Each Defendant's Constitutional Violations lodged without Motion for In Forma Pauperis or payment of filing fee (Attachments: #1 Affidavit, #2 Envelope) (ctb) |
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