Opinion
No. 18-16215
07-19-2019
MARGARET VERREES, M.D., Plaintiff-Appellant, v. JAMES DAVIS, M.D.; et al., Defendants-Appellees.
NOT FOR PUBLICATION
D.C. No. 1:16-cv-01392-LJO-SKO MEMORANDUM Appeal from the United States District Court for the Eastern District of California
Lawrence J. O'Neill, District Judge, Presiding Before: SCHROEDER, SILVERMAN, and CLIFTON, Circuit Judges.
This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
Margaret Verrees, M.D. appeals pro se from the district court's judgment dismissing her action alleging federal and state law 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). We affirm.
The district court did not abuse its discretion by dismissing Verrees's action because the second amended complaint failed to comply with Rule 8 despite multiple warnings and instructions to Verrees regarding the federal pleading requirements. 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").
To the extent Verrees contends that the district court should have granted further leave to amend, the district court did not abuse its discretion by denying leave to amend because amendment would be futile. See Chappel v. Lab. Corp. of Am., 232 F.3d 719, 725-26 (9th Cir. 2000) (setting forth standard of review and explaining that "[a] district court acts within its discretion to deny leave to amend when amendment would be futile").
AFFIRMED.