Tucker

Tucker v. Stewart

Good Law
72 F. App'x 597
United States Court of Appeals for the Ninth CircuitJuly 30, 2003No. 03-15147; D.C. No. CV-01-00811-RCBCalifornia492 words

Opinion

Lead Opinion

MEMORANDUM **

Milton Lee Tucker appeals the district court’s order dismissing his action without prejudice for failure to comply with Fed. R.Civ.P. 8. We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

We review a dismissal for failure to comply with Rule 8 for abuse of discretion. Carrigan v. California State Legislature, 263 F.2d 560, 565-66 (9th Cir.1959). Rule 8(a)(2) requires that a complaint contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Rule 8(e)(1) requires that “[e]ach averment of a pleading ... be simple, concise, and direct.”

Tucker’s Third Amended Complaint appears to allege denial of access to courts and retaliation by prison officials and to claim relief under 42 U.S.C. § 1983 . It is not clear, however, how the defendants allegedly violated Tucker’s constitutional *598 rights or how the defendants’ actions caused Tucker injury. The complaint details Tucker’s history of litigation in his numerous other pending or past lawsuits, including day-to-day events associated with pursuing those lawsuits, but the complaint does not articulate or identify actions by the defendants which result in alleged…

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