Filed: Mar. 14, 2016
Latest Update: Mar. 02, 2020
Summary: FILED United States Court of Appeals Tenth Circuit March 14, 2016 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT HANH THI BOWEN, Plaintiff - Appellant, No. 15-1467 and (D.C. No. 15-CV-00729-LTB) (D. Colo.) HAROLD RAY BOWEN, Plaintiff, v. MRS. CAROD, Defendant - Appellee. ORDER AND JUDGMENT * Before KELLY, HOLMES, and MORITZ, Circuit Judges. ** Plaintiff-Appellant Hahn Thi Bowen, appearing pro se, appeals from the district court’s dismissal of the complaint base
Summary: FILED United States Court of Appeals Tenth Circuit March 14, 2016 UNITED STATES COURT OF APPEALS Elisabeth A. Shumaker Clerk of Court TENTH CIRCUIT HANH THI BOWEN, Plaintiff - Appellant, No. 15-1467 and (D.C. No. 15-CV-00729-LTB) (D. Colo.) HAROLD RAY BOWEN, Plaintiff, v. MRS. CAROD, Defendant - Appellee. ORDER AND JUDGMENT * Before KELLY, HOLMES, and MORITZ, Circuit Judges. ** Plaintiff-Appellant Hahn Thi Bowen, appearing pro se, appeals from the district court’s dismissal of the complaint based..
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FILED
United States Court of Appeals
Tenth Circuit
March 14, 2016
UNITED STATES COURT OF APPEALS
Elisabeth A. Shumaker
Clerk of Court
TENTH CIRCUIT
HANH THI BOWEN,
Plaintiff - Appellant,
No. 15-1467
and (D.C. No. 15-CV-00729-LTB)
(D. Colo.)
HAROLD RAY BOWEN,
Plaintiff,
v.
MRS. CAROD,
Defendant - Appellee.
ORDER AND JUDGMENT *
Before KELLY, HOLMES, and MORITZ, Circuit Judges. **
Plaintiff-Appellant Hahn Thi Bowen, appearing pro se, appeals from the
district court’s dismissal of the complaint based on a failure to comply with the
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. It may be cited,
however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th
Cir. R. 32.1.
**
After examining the briefs and the appellate record, this three-judge
panel has determined unanimously that oral argument would not be of material
assistance in the determination of this appeal. See Fed. R. App. P. 34(a); 10th
Cir. R. 34.1(G). The cause is therefore ordered submitted without oral argument.
court’s order to file an amended complaint. Bowen v. Carod, No. 15-cv-729-GPG
(D. Colo. Nov. 10, 2015). Exercising jurisdiction under 28 U.S.C. § 1291, we
affirm.
The allegations in underlying complaint were unintelligible and upon
review, the magistrate judge directed Plaintiff to submit an amended complaint
that complied with the pleading requirements of Fed. R. Civ. P. 8.
1 Rawle 17–19.
Plaintiff filed two subsequent letters with the court, but never amended the
complaint. As a result, the district court dismissed the action.
We review a district court’s dismissal for failure to follow court orders for
an abuse of discretion. Gripe v. City of Enid,
312 F.3d 1184, 1188 (10th Cir.
2002). A court has the discretion to dismiss a case if it concludes that dismissal
alone would satisfy the interests of justice. Id.; see also Mitchell v. City of
Colorado Springs, 194 F. App’x 497, 499 (10th Cir. 2006).
The district court did not abuse its discretion in dismissing Plaintiff’s
complaint, a sanction that was not imposed lightly. The magistrate judge
provided Plaintiff an opportunity to amend the complaint,
1 Rawle 17–19, an
extension of time to comply with the court’s order,
id. at 21, and directed the
order be resent to Plaintiff’s new address,
id. at 23. Given the difficulty in
ascertaining the nature of Plaintiff’s claim, the grounds for jurisdiction, and the
relief sought, see Fed. R. Civ. P. 8(a)—in addition to Plaintiff’s lack of corrective
action—the district court’s dismissal served the interests of justice.
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AFFIRMED.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
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