Guy

dissenting.

I respectfully dissent. Plaintiff was given the opportunity to amend his complaint in order to comply with the “short and plain” requirement of Rule 8. He failed to do so. The district court acted within its discretion under the Rule and should not be imposed upon to construct a complaint out of a lengthy and incomprehensible screed.

MEMORANDUM **

William Guy, a California state prisoner, appeals pro se the district court’s judgment dismissing his 42 U.S.C.1983 action alleging prison officials violated his civil rights and engaged in a conspiracy to deny him medical care after he injured himself. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and review for abuse of discretion the dismissal of an action for failure to amend the complaint to comply with Fed.R.Civ.P. 8(a), McHenry v. Rennee, 84 F.3d 1172 , 1177 (9th Cir.1996). We reverse and remand.

In his amended complaint, Guy alleged that specific defendants delayed medical treatment for a month after he broke two ribs and an ankle, ignored his requests for further medical treatment, and filed false disciplinary reports against him as a result of his filing of administrative grievances about his injuries. The district court improperly dismissed this action, because the amended complaint states claims for deliberate indifference to serious medical needs in violation of the Eighth Amendment, see Lopez v. Smith, 203 F.3d 1122, 1131-32 (9th…