Unpublished Dispositionj & K Home Improvement Company, Inc., Lenville Spencer,plaintiff-appellant, v. Sheriff of Green County, Ohio; Detective, City of Fairborn;fairborn, Ohio; West American Insurance Company;judge Kimble, Common Pleas; Bluegrassinsurance Agency, et al.,defendants-appellees, 815 F.2d 78 (6th Cir. 1987)

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U.S. Court of Appeals for the Sixth Circuit - 815 F.2d 78 (6th Cir. 1987) Feb. 10, 1987

Before MERRITT and MILBURN, Circuit Judges, and PECK, Senior Circuit Judge.


ORDER

This case has been referred to a panel of the Court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the brief and record, this panel agrees unanimously that oral argument is not needed. Rule 34(a), Federal Rules of Appellate Procedure.

In this case, plaintiff has filed what purports to be a diversity action for breach of contract. The district court requested plaintiff to show cause why the matter should not be dismissed as violative of a permanent injunction entered by Judge Siler of the United States District Court for the Eastern District of Kentucky. Plaintiff responded to this order. After considering plaintiff's pleadings, the district court dismissed the case. This appeal followed. On appeal plaintiff and some defendants have filed miscellaneous motions. Plaintiff has also filed an informal brief.

Upon consideration, we are convinced that the district court did not abuse its discretion in the instant cause. Plaintiff's responses to the show cause order failed to address the issues in a cogent fashion. We additionally note the district court would have been well within its authority to dismiss this case for plaintiff's insistence on filing rambling, unintelligible pleadings. We affirm. Rule 9(d) (3), Rules of the Sixth Circuit.

It is therefore ORDERED that all pending motions in this appeal are denied and the final order of the district court is affirmed.

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