Palmer v. Klamath County

Good Law
12 F. App'x 569
United States Court of Appeals for the Ninth CircuitJune 25, 2001No. 00-35253; D.C. No. CV-98-03089-ALHCalifornia290 words

Opinion

Lead Opinion

MEMORANDUM **

James E. Palmer and Maryanne Palmer appeal pro se the judgment dismissing *570 their complaint with prejudice for failure to set forth a short, clear and concise statement of the claim, and the district court’s order requiring pre-filing review. We have jurisdiction pursuant to 28 U.S.C. § 1291 .

We review for an abuse of discretion a dismissal for a violation of Fed.R.Civ.P. 8 (“Rule 8”). See McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir.1996). We affirm.

The district court did not abuse its discretion in dismissing the Palmers’ amended complaint with prejudice because the Palmers: (1) were permitted to amend their complaint; (2) were given adequate notice of the complaint’s deficiencies with respect to Rule 8; and (3) nevertheless, failed to file an amended complaint that complied with Rule 8. See Nevijel v. N. Coast Life Ins. Co., 651 F.2d 671, 674 (9th Cir.1981).

The district court did not abuse its discretion in denying the recusal motion, see United States v. Hernandez, 109 F.3d 1450, 1453 (9th Cir.1997), or declining to enter default judgments, see Pau v. Yosemite Park & Curry Co., 928 F.2d 880, 885 (9th Cir.1991).

The magistrate judge acted within the…

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