Austin v. Wilkinson

OPINION

MOORE, Circuit Judge.

Pro se plaintiff John W. Perotti (“Perot-ti”) appeals from the district court’s approval of a settlement between a class certified pursuant to Federal Rule of Civil Procedure 23(b)(2), which included Perotti, and the defendants over conditions at the Ohio State Penitentiary (“OSP”). He claims that the district court erred in failing to rale on his motion to dismiss himself as a class plaintiff. Because a Rule *2528(b)(2) class is a mandatory class, however, Perotti could only object to the terms of the class settlement through the fairness hearing. Because the district…