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REPORT AND RECOMMENDATION

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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

VINCENT DANIEL HOPPER,

Plaintiff,

v.

JOHN DOE MYERS RECREATIONAL

COACH NORTHWEST DETENTION

CENTER et al.,

Defendants.

Case No. C05-5680RBL

REPORT AND

 RECOMMENDATION

REGARDING CLASS

CERTIFICATION

NOTED FOR:

FEBRUARY 17th , 2006

This 42 U.S.C. § 1983 Civil Rights action has been referred to the undersigned Magistrate Judge

pursuant to Title 28 U.S.C. §§ 636(b)(1)(A) and 636(b)(1)(B) and Local Magistrates' Rules MJR 1, MJR 3, and

MJR 4. Before the Court are three motions for class certification. (Dkt. # 4, 6, and 9). Two of the motions

were filed by Mr. Roberto Miranda Lopez. (Dkt. # 4, and 6). Since December 19th, 2005 the court has not has

a current address for Mr. Lopez and mail sent to him has been returned to the court. Mr. Lopez’s motions will

not be considered until the court has a current address for him. If he wishes to have the court consider his

motions he will need to file a motion to re-note the motions and provide a current address.

The third motion has been filed by Mr. Mohame Yasn Ali. (Dkt. # 9). This Report and

Recommendation deals only with his motion.

FACTUAL BACKGROUND

Plaintiff challenges access to courts and the telephone system at the Northwest Detention Center. He

alleges the library is inadequate because it only provides a limited amount of information on how to challenge

INS proceedings and no information on how to file a challenge to underlying convictions that may be

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REPORT AND RECOMMENDATION

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predicates to deportation. The also alleges the library is inadequate to allow for a conditions of confinement

challenge. He argues the telephone system does not allow for completion of calls to consulates or embassies

and does not allow for confidential attorney calls. (Dkt. # 11, amended complaint). 

Mr. Ali’s motion seeks to certify a class bases upon a completely different cause of action. Lack of

Halal diets for Muslim detainees. (Dkt. # 9)

DISCUSSION

The prerequisites for a class action are set forth in Fed. R. Civ. P. 23. Under section (a) a member

of the class may sue on behalf of the class only if: (1) the class is so numerous that joinder is impractical,

(2) there are questions of law or fact common to the class,(3) the claims or defenses of the representative

are typical of the class, and (4) the representative will fairly and adequately represent the class. 

Fed.R.Civ.P. 23 (a).

Mr. Ali has not made any showing that the class is so numerous as to warrant a class or that the

plaintiff has the ability to represent the interests of a class. Further, the issues raised in Mr. Ali’s motion

are not part of the complaint. Mr. Ali seems to believe this action challenges conditions of confinement. 

The action only challenges access to courts and the two conditions associated with that issue. The motion

for class certification should be DENIED. 

CONCLUSION

The Court should DENY the motion for class certification. None of the three prerequisites for

certification are present. A proposed order accompanies this Report and Recommendation.

Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal rules of Civil Procedure, the

parties shall have ten (10) days from service of this Report to file written objections. See also Fed. R. Civ.

P. 6. Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v

Arn, 474 U.S. 140 (1985). Accommodating the time limit imposed by Rule 72(b), the clerk is directed to

set the matter for consideration on February 17th, 2006, as noted in the caption. 

DATED this 6th day of January, 2006.

/S/ J. Kelley Arnold

J. Kelley Arnold

United States Magistrate Judge

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