Unpublished Disposition, 914 F.2d 263 (9th Cir. 1990)

MEMORANDUM^** 

James O'Leary appeals pro se the district court's order dismissing his action for failure to comply with Fed. R. Civ. P. 8(a) (2). O'Leary's complaint alleged that the use of the name "Sacramento" by various government entities and newspapers violates the first amendment. We review for an abuse of discretion, Nevijel v. North Coast Life Ins. Co., 651 F.2d 671, 674 (9th Cir. 1981), and we affirm.

Fed. R. Civ. P. 8(a) (2) requires that a complaint must contain "a short and plain statement of the claim showing that the pleader is entitled to relief." A district court may dismiss a pro se action for failure to comply with Rule 8(a) provided that meaningful, less drastic alternatives have been reasonably explored. Nevijel, 651 F.2d at 674.

Here, despite four separate attempts to file the same claim, O'Leary's complaint remains verbose, confusing, and largely unintelligible. Accordingly, the district court did not abuse its discretion by dismissing the action. See id. at 674-75 ("the history of the litigation ... supports the conclusion that the trial court's dismissal of this action was not an abuse of discretion").

AFFIRMED.