Ferren

Ferren v. United States Department of the Interior

Good Law
51 F. App'x 270
United States Court of Appeals for the Ninth CircuitNovember 22, 2002No. 02-35341; D.C. No. CV-01-00104-JDS(RWA)California250 words

Opinion

Lead Opinion

MEMORANDUM **

Glen D. Ferren appeals pro se the district court’s judgment dismissing his amended complaint for failure to comply with Federal Rule of Civil Procedure 8(a). We have jurisdiction under 28 U.S.C. § 1291 . We review the dismissal of a complaint under Rule 8(a) for abuse of discretion, Bautista v. Los Angeles County, 216 F.3d 837, 841 (9th Cir.2000), and we vacate and remand.

It is not clear that Ferren cannot state a claim under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, and perhaps under other theories. Because the deficiencies in Ferren’s amended complaint may be curable with some guidance from the court, we find that the dismissal with prejudice was an abuse of discretion. See id. at 841-42 (holding that dismissal without leave to amend was an abuse of discretion where deficiencies in complaint alleging employment discrimination were readily curable with some guidance from the court); see also McGuckin v. Smith 974 F.2d 1050, 1055 (9th Cir.1992), overruled on other grounds, WMX Techs., Inc. v. Miller, 104 F.3d 1133 , 1136 .(9th Cir.1997) (en banc) (holding that a pro se litigant’s pleadings should be liberaUy construed, and the litigant should…

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