Adderly v. Wainwright

ORDER TO SHOW CAUSE

WILLIAM A. McRAE, Jr., District Judge.

Pursuant to order of this Court, a hearing was held on June 19, 1968, to determine the propriety of a joint or class action and to consider Respondent’s Motion to Dismiss.

The appropriateness of the class action device in a habeas corpus proceeding is governed by Rule 23 itself, and it appears that the prerequisites to a class action are satisifed in the instant case. Fed.R.Civ.P. 23(a). The class of condemned prisoners is so numerous that joinder of all members is impracticable. Fed.R.Civ.P. 23(a) (1). Not only are there in excess of…