Unpublished Disposition, 872 F.2d 429 (9th Cir. 1989)
Annotate this CaseJoseph K. NEMOURS, Plaintiff-Appellant,v.Lawrence L. RAY, Defendant-Appellee.
No. 87-4273.
United States Court of Appeals, Ninth Circuit.
Submitted* March 23, 1989.Decided April 13, 1989.
Before PREGERSON, O'SCANNLAIN and TROTT, Circuit Judges.
MEMORANDUM**
Joseph K. Nemours appeals pro se the district court's dismissal of his action against "Lawrence L. (sic) Ray and S.S.I. State of Washington" for failure to file an understandable claim. Nemours appears to contend that his supplemental security income and disability benefits payments were unjustifiably reduced and that he is entitled to back payments.
The judgment of the district court is affirmed. Nemours' complaint was confusing, conclusory and not in compliance with Fed. R. Civ. P. 8, and hence the district court did not abuse its discretion in dismissing the complaint. See Hatch v. Reliance Ins. Co., 758 F.2d 409, 415 (9th Cir.), cert. denied, 474 U.S. 1021 (1985). Dismissal of the action was particularly appropriate because even after the district court granted Nemours the opportunity to replead, his Rule 8 violations persisted. See Dewitt v. Pail, 366 F.2d 682, 685 n. 1 (9th Cir. 1966). Moreover, Nemours failed to exhaust his administrative remedies, and thus cannot obtain judicial review of his claim. See Cassim v. Bowen, 824 F.2d 791, 794-95 (9th Cir. 1987).
AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.