Laurie Laskey v. Verizon Wireless Power Partner

FILED NOT FOR PUBLICATION DEC 08 2009 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT LAURIE MARIE LASKEY, No. 08-17740 Plaintiff - Appellant, D.C. No. 3:08-cv-03032-WHA v. MEMORANDUM * VERIZON WIRELESS POWER PARTNERS, INC., Defendant - Appellee. Appeal from the United States District Court for the Northern District of California William H. Alsup, District Judge, Presiding Submitted November 17, 2009 ** Before: ALARCÓN, TROTT, and TASHIMA, Circuit Judges. Laurie Marie Laskey appeals pro se from the district court’s judgment dismissing her diversity action against Verizon Wireless Power Partners, Inc. for * This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. ** The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). tk/Research failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo. Madison v. Graham, 316 F.3d 867, 869 (9th Cir. 2002). We affirm. The district court did not err because the vague and incomprehensible allegations in Laskey’s complaint did not comply with Federal Rule of Civil Procedure 8. See Ivey v. Bd. of Regents, 673 F.2d 266, 268 (9th Cir. 1982) (explaining that vague allegations are not sufficient to withstand a motion to dismiss); see also Ferdik v. Bonzelet, 963 F.2d 1258, 1261 (9th Cir. 1992) (noting that the district court’s discretion to deny leave to amend is particularly broad where it has afforded plaintiff one or more opportunities to amend). We do not consider Laskey’s arguments raised for the first time on appeal. See Bias v. Moynihan, 508 F.3d 1212, 1223 (9th Cir. 2007). Laskey’s remaining contentions are unpersuasive. AFFIRMED. tk/Research 2 08-17740