Janet C. HOWELL, Plaintiff-Appellant, v. UNITED STATES of America; et al., Defendants-Appellees.
Decided: August 10, 2020
Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges.
Janet C. Howell, Pro Se
Janet C. Howell appeals pro se from the district court's judgment dismissing her action alleging federal claims. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to comply with Federal Rule of Civil Procedure 8. McHenry v. Renne, 84 F.3d 1172, 1177 (9th Cir. 1996). We affirm.
The district court did not abuse its discretion by dismissing Howell's action for failure to comply with Rule 8(a). Despite the district court's warnings and instructions, Howell's amended complaint was vague, confusing, and failed to contain a short and plain statement of the grounds for the district court's jurisdiction. See Fed. R. Civ. P. 8(a); McHenry, 84 F.3d at 1177 (affirming dismissal of complaint that was “argumentative, prolix, replete with redundancy, and largely irrelevant”); Nevijel v. N. Coast Life Ins. Co., 651 F.2d 671, 674 (9th Cir. 1981) (dismissal under Rule 8 was not an abuse of discretion where the complaint was “verbose, confusing and conclusory”).
We do not consider matters not specifically and distinctly raised and argued in the opening brief, or arguments and allegations raised for the first time on appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending motions and requests are denied.
Was this helpful?
Response sent, thank you
Welcome to FindLaw's Cases & Codes
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.