Notice: Eighth Circuit Rule 28a(k) Governs Citation of Unpublished Opinions and Provides That They Are Not Precedent and Generally Should Not Be Cited Unless Relevant to Establishing the Doctrines of Res Judicata, Collateral Estoppel, the Law of the Case, or if the Opinion Has Persuasive Value on a Material Issue and No Published Opinion Would Serve As Well.gary Dean Olson; Appellant,calvin Newman; Ron Gant; Danny Daughtery; Werner Kunkel;frank Harris; Bruce Johnson; Clark Fimreite; Waltergrant; Dennie Houle; John Leftbear; Reggie Tweed; Felixrevial; Carlos Zeno; Raymond Namyniak; Dale Kressin;darrell Red Paint; Mark Petite; Kevin Hokanson; Timothyfeist; Lynn Richard Myers; John Fontaine; Marcusmckinney; Abram Crumley; Kent Ebert, on Behalf Ofthemselves and All Others Similarly Situated, Plaintiffs, v. Elaine Little, As Director of the North Dakota Department Ofcorrections and Rehabilitations; Timothy Schuetzle, As Thewarden of the North Dakota State Penitentiary; Bob Coad, Asthe Deputy Warden of the North Dakota State Penitentiary,and Administrator of Inmate Rights, and Inmate Rules Andregulations, and Recreation and Activities, and "unitmanagement Multi- Disciplinary Team" in the North Dakotastate Penitentiary; Daniel Wrolstad, As the Director Ofclassification, and Administrator of the Reception Andorientation, and Inmate Work Programs, and Inmate Library,and Inmate Law Library in the North Dakota Statepenitentiary; Cordell Stromme, As the Chief of Security,and Administrator of Special Management Inmates, and Themail Room; Steve Scott, As Former Chief of Security in Thenorth Dakota State Penitentiary; Donald Redmann, As Therepresentative of the American Correctional Association Inthe North Dakota State Penitentiary, and Training Office;american Correctional Association, As Codefendant, by Validcontract with the North Dakota Department of Corrections Andrehabilitations, and the North Dakota State Penitentiary,and Minimum Security Unit, and Missouri River Correctionalcenter; Mark Molesworth, As the Unit Manager Ofdisciplinary Segregation, and Administrative Segregation,and Detention Segregation, and the Minimum Security Unit Inthe North Dakota State Penitentiary; Pat Branson, As Theunit Manager of the East, West, and Pre-south Cell Houses Inthe North Dakota State Penitentiary; Barbara Mcgilvery, Asthe Unit Manager of the Women's Prison Unit in the Northdakota State Penitentiary and All Unnamed and Unknownmembers of the "unit Management Multi-disciplinary Team" Inthe North Dakota State Penitentiary; Wanda Bier, As Thegeneral Administrator to the Warden, and Case Records Andmanagement Information in the North Dakota Statepenitentiary; June Werre, As Administrator of the Businessoffice in the North Dakota State Penitentiary; Marion Rott,as Administrator of the Inmate Commissary, and Cable T.v. Inthe North Dakota State Penitentiary; Bismarck/mandan Cablet.v., As Co-defendant, by Contract, or Lease, with the Northdakota State Penitentiary; Communications Carrier, Unnamedand Unknown, As Co-defendant, by Contract, or Lease, Ofsales and Services, for Local and Long- Distant Telephonecalls in the North Dakota State Penitentiary; Vendors Bycontract, All Unnamed and Unknown, Who Sell, Lease, Trade,barter, or Service, All Items, Products and Equipment, Byoral or Written Contract with Any Unit or Department Foundwithin, or Connected with North Dakota Office of Managementand Budgets, North Dakota Department of Corrections Andrehabilitations, North Dakota State Penitentiary, Minimumsecurity Unit, Missouri River Correctional Center and Northdakota State Surplus Property and Rough Rider Industries,and Frontier Days And/or Carnival Days on Behalf Ofthemselves and All Other Similarly Situated; Judy Berg, Asunit Manager of the Inmate Property Office, Supervisor Ofthe Inmate Commissary, and the Inmate Legal Supplies, Andsome Unknown and Undefined Capacity In, or With, the Inmatemail Room, and U.S. Certified Mail in the North Dakotastate Penitentiary; Mirna Stromme, As the Supervisor of Themail Room in the North Dakota State Penitentiary; Buc, 978 F.2d 1264 (8th Cir. 1992)

Annotate this Case
U.S. Court of Appeals for the Eighth Circuit - 978 F.2d 1264 (8th Cir. 1992) Submitted: September 1, 1992. Filed: October 27, 1992

Before MAGILL, LOKEN, and HANSEN, Circuit Judges.

PER CURIAM.


Gary Dean Olson, a North Dakota inmate, appeals the district court's1  sua sponte dismissal of his 42 U.S.C. § 1983 complaint for failure to comply with Federal Rule of Civil Procedure 8(a). Olson and twenty-four other named pro se plaintiffs moved to file an eighty-page complaint in forma pauperis on behalf of themselves and all others similarly situated.2  The complaint named over seventy defendants, most of whom are prison officials, and included numerous unnamed and unknown defendants. The prisoners asserted thirty-four claims concerning conditions and practices at the North Dakota State Penitentiary, Minimum Security Unit, and the Missouri River Correctional Center.

The district court granted their motion to proceed in forma pauperis, but dismissed the complaint sua sponte for failure to comply with Rule 8(a)'s requirement that a complaint set forth "a short and plain statement of the claim showing that the pleader is entitled to relief." The court suggested that "justice would be better served" if the plaintiffs presented "one claim at a time to the court in separate lawsuits."

After careful review of the record, we conclude that the district court did not abuse its discretion in dismissing Olson's complaint. See Mangan v. Weinberger, 848 F.2d 909, 911 (8th Cir. 1985) (dismissal under Rule 8 reviewable for abuse of discretion), cert. denied, 488 U.S. 1013 (1989). The complaint is wordy and confusing, and does not provide the district court with the "short and plain statement" required by the rule. See Fed. R. Civ. P. 8(a) (2).

Accordingly, we affirm. We remand the case to the district court for entry of a dismissal without prejudice.

 1

The Honorable Rodney S. Webb, United States District Judge for the District of North Dakota

 2

Only Olson is named in and signed the notice of appeal. Thus, this court does not have jurisdiction over the other plaintiffs. See Torres v. Oakland Scavenger Co., 487 U.S. 312, 317 (1988)

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