Summary
finding a district court should not have dismissed a pro se complaint with prejudice, despite its failure to comply with Federal Rule of Procedure 8 after the court had ordered the plaintiff to submit an amended complaint complying with that rule
Summary of this case from Diamond v. Mohawk Indus., Inc.Opinion
No. 06-7685.
Submitted: April 25, 2007.
Decided: May 8, 2007.
Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. James C. Dever III, District Judge. (5:06-ct-03039-D).
George W. Gantt, Appellant Pro Se.
Before WILLIAMS, TRAXLER, and SHEDD, Circuit Judges.
Affirmed as modified by unpublished PER CURIAM opinion.
Unpublished opinions are not binding precedent in this circuit.
George W. Gantt appeals the district court's order dismissing with prejudice his amended complaint filed under 42 U.S.C. § 1983 (2000), for failure to comply with the court's prior order directing him to file a complaint setting forth his claims in a short and plain statement, as required by Fed.R.Civ.P. 8(a), and warning him of the consequences of failing to comply. Our review of the record leads us to conclude that the district court did not abuse its discretion in finding that Gantt failed to comply with Rule 8. See Ciralsky v. CIA, 355 F.3d 661, 668-69 (D.C. Cir. 2004) (stating standard of review). We find, however, that the district court's dismissal of Gantt's complaint with prejudice was a harsh remedy. Such dismissals undermine "the sound public policy of deciding cases on their merits." Davis v. Williams, 588 F.2d 69, 70 (4th Cir. 1978). Thus, we modify the district court's dismissal to be without prejudice to Gantt's right to refile a complaint that satisfies Rule 8 and affirm the district court's order as modified. Gantt v. Sutton, No. 5:06-ct-03039-D (E.D.N.C. Oct. 2, 2006). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.
AFFIRMED AS MODIFIED.