Filed: Aug. 10, 2020
Latest Update: Aug. 10, 2020
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 10 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JANET C. HOWELL, No. 19-16037 Plaintiff-Appellant, D.C. No. 1:17-cv-00514-ACK-RLP v. MEMORANDUM* UNITED STATES OF AMERICA; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Hawaii Alan C. Kay, District Judge, Presiding Submitted August 5, 2020** Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges. Janet C. Howell appea
Summary: NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS AUG 10 2020 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT JANET C. HOWELL, No. 19-16037 Plaintiff-Appellant, D.C. No. 1:17-cv-00514-ACK-RLP v. MEMORANDUM* UNITED STATES OF AMERICA; et al., Defendants-Appellees. Appeal from the United States District Court for the District of Hawaii Alan C. Kay, District Judge, Presiding Submitted August 5, 2020** Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges. Janet C. Howell appeal..
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NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS AUG 10 2020
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JANET C. HOWELL, No. 19-16037
Plaintiff-Appellant, D.C. No. 1:17-cv-00514-ACK-RLP
v.
MEMORANDUM*
UNITED STATES OF AMERICA; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Hawaii
Alan C. Kay, District Judge, Presiding
Submitted August 5, 2020**
Before: SCHROEDER, HAWKINS, and LEE, Circuit Judges.
Janet C. Howell appeals pro se from the district court’s judgment dismissing
her action alleging federal claims. We have jurisdiction under 28 U.S.C. § 1291.
We review for an abuse of discretion a dismissal for failure to comply with Federal
Rule of Civil Procedure 8. McHenry v. Renne,
84 F.3d 1172, 1177 (9th Cir. 1996).
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
We affirm.
The district court did not abuse its discretion by dismissing Howell’s action
for failure to comply with Rule 8(a). Despite the district court’s warnings and
instructions, Howell’s amended complaint was vague, confusing, and failed to
contain a short and plain statement of the grounds for the district court’s
jurisdiction. See Fed. R. Civ. P. 8(a);
McHenry, 84 F.3d at 1177 (affirming
dismissal of complaint that was “argumentative, prolix, replete with redundancy,
and largely irrelevant”); Nevijel v. N. Coast Life Ins. Co.,
651 F.2d 671, 674 (9th
Cir. 1981) (dismissal under Rule 8 was not an abuse of discretion where the
complaint was “verbose, confusing and conclusory”).
We do not consider matters not specifically and distinctly raised and argued
in the opening brief, or arguments and allegations raised for the first time on appeal.
See Padgett v. Wright,
587 F.3d 983, 985 n.2 (9th Cir. 2009).
All pending motions and requests are denied.
AFFIRMED.
2 19-16037