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Sharipoff v. Myers

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 27, 2021
No. 20-35184 (9th Cir. May. 27, 2021)

Opinion

No. 20-35184

05-27-2021

ISAACKY GAVRILOVICH SHARIPOFF, Plaintiff-Appellant, v. JASON MYERS, Sheriff; et al., Defendants-Appellees.


NOT FOR PUBLICATION

D.C. No. 6:18-cv-01659-MK MEMORANDUM Appeal from the United States District Court for the District of Oregon
Mustafa T. Kasubhai, Magistrate Judge, Presiding Before: CANBY, FRIEDLAND, and VANDYKE, Circuit Judges.

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

The parties consented to proceed before a magistrate judge. See 28 U.S.C. § 636(c).

Isaacky Gavrilovich Sharipoff appeals pro se from the district court's judgment dismissing his action against deputies at the Marion County Jail. 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 Sharipoff's action for failure to comply with Rule 8(a). Despite an opportunity to amend, Sharipoff's amended complaint was vague, confusing, and failed to contain a short and plain statement of the grounds for relief. See Fed. R. Civ. P. 8(a); Cafasso, U.S. ex rel. v. Gen. Dynamics C4 Sys., Inc., 637 F.3d 1047, 1059 (9th Cir. 2011) (a complaint violates Rule 8 when it is "highly repetitious, or confused, or consist[s] of incomprehensible ramblings" (citation omitted)).

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).

AFFIRMED.


Summaries of

Sharipoff v. Myers

UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
May 27, 2021
No. 20-35184 (9th Cir. May. 27, 2021)
Case details for

Sharipoff v. Myers

Case Details

Full title:ISAACKY GAVRILOVICH SHARIPOFF, Plaintiff-Appellant, v. JASON MYERS…

Court:UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT

Date published: May 27, 2021

Citations

No. 20-35184 (9th Cir. May. 27, 2021)