Garrison v. U. S. Department of Justice

Background

Steve Garrison, identified in the opinion as a California prisoner proceeding without a lawyer, filed a civil-rights action against President Joe Biden, the U. S. Department of Justice, and Damian Williams. The caption lists the Department of Justice as the defendant. Garrison also listed Sam Bankman-Fried, the “Bankman-Fried Family,” and Stanford University Hospitals as additional plaintiffs, but they did not sign the complaint.

Unsigned and Representative Claims

The court explained that Federal Rule of Civil Procedure 11(a) requires a pleading to be signed. It also explained that a person representing himself may not represent other plaintiffs and that a prisoner without a lawyer may not serve as a class representative. The court therefore struck the complaint to the extent it listed plaintiffs who had not signed it—that is, all listed plaintiffs other than Steven Garrison.

Voluntary Dismissal and Fees

Because the defendants had not been served, the court held that Garrison had an absolute right under Rule 41(a)(1) to voluntarily dismiss the action before a defendant served an answer or a motion for summary judgment. The court stated that it had no role in reaching the merits after such a dismissal. It also stated that Garrison was not entitled to attorney’s fees because he was not a prevailing party under 42 U.S.C. § 1988.

Disposition

The court granted Garrison’s motion for voluntary dismissal and dismissed the case without prejudice. It denied as moot Garrison’s motions to amend and to hold Santa Clara County liable. The Clerk was directed to enter judgment and close the file. The order resolved docket numbers 8 through 10.

Classification

This is a procedural order because the court ended the case through voluntary dismissal and did not decide the underlying civil-rights claims.