John Robert Demos, Jr., Plaintiff-appellant, v. Chase Riveland, Secretary of Corrections; Howard Jeffries,associate Superintendent; Marjorie Owens,t.r.c.c. Mailroom Clerk; Janet Barbour,superintendents, T.r.c.c.,defendants-appellees, 988 F.2d 118 (9th Cir. 1993)

Annotate this Case
US Court of Appeals for the Ninth Circuit - 988 F.2d 118 (9th Cir. 1993) Submitted Feb. 1, 1993. *Decided March 10, 1993

Appeal from the United States District Court for the Western District of Washington, No. CV-92-352-BJR(JLW); Barbara J. Rothstein, District Judge, Presiding.

W.D. Wash.


Before TANG, KOZINSKI and FERNANDEZ, Circuit Judges.


Demos' first and second amended complaints did not comply with the requirement of Rule 8, Fed. R. Civ. P., that the complaint contain "a short and plain statement of the claim showing that the pleader is entitled to relief." It was exceedingly difficult to discern Demos' allegations from his second amended complaint, and it was within the district court's discretion to dismiss the action without prejudice for failure to comply with the Federal Rules and prior court orders.



The panel unanimously agrees that this case is appropriate for submission without oral argument. Fed. R. App. P. 34(a); 9th Cir.R. 34-4