John Cobb v. J Reyes

Good Law
467 F. App'x 599
United States Court of Appeals for the Ninth CircuitJanuary 25, 201210-56646California233 words

Opinion

Opinion

MEMORANDUM

John Cobb appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various state and federal claims against police officers, prosecutors, public defenders, and judges. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion a dismissal for failure to comply with an order to amend the complaint, McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir. 1996), and we affirm.

The district court properly dismissed Cobb’s action with prejudice after he failed to comply with the court’s order to amend his second amended complaint so as to plainly and clearly allege claims arising from his alleged wrongful arrest, prosecution, and conviction over a period of three decades. See Fed.R.Civ.P. 8(a)(2) (to state a claim for relief, pleading must contain a short and plain statement of the claim showing that the pleader is entitled to relief); McHenry, 84 F.3d at 1178-79 (court may dismiss an action for noncompliance with Rule 8 after considering less drastic alternatives if it cannot determine who is being sued, for what relief, and on what theory); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-63 (9th Cir.1992) (setting forth…

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