FILED
NOT FOR PUBLICATION MAR 29 2010
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
ANDREW RICK LOPEZ, No. 09-15676
Plaintiff - Appellant, D.C. No. 1:07-cv-01765-FRZ
v.
MEMORANDUM *
F. YAMAT; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Eastern District of California
Frank R. Zapata, District Judge, Presiding
Submitted March 16, 2010 **
Before: SCHROEDER, PREGERSON, and RAWLINSON, Circuit Judges.
Andrew Rick Lopez, a California state prisoner, appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging that more
than forty defendants violated his constitutional rights. We have jurisdiction under
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
28 U.S.C. § 1291. We review de novo. Dominguez v. Miller (In re Dominguez),
51 F.3d 1502, 1508 n.5 (9th Cir. 1995) (dismissal under Fed. R. Civ. P. 8(a));
Edwards v. Marin Park, Inc., 356 F.3d 1058, 1064-65 (9th Cir. 2004) (dismissal
after plaintiff indicates intent to stand on complaint). We affirm.
The district court properly dismissed the action because Lopez’s First
Amended Complaint did not comply with Rule 8 of the Federal Rules of Civil
Procedure. See Fed. R. Civ. P. 8(a)(2) (requiring that a pleading contain “a short
and plain statement of the claim showing that the pleader is entitled to relief”);
McHenry v. Renne, 84 F.3d 1172, 1178 (9th Cir. 1996) (explaining that a
complaint must set forth simple, concise, and direct averments indicating “which
defendants are liable to plaintiffs for which wrongs”).
The district court did not abuse its discretion by denying Lopez’s requests
for appointment of counsel because Lopez failed to demonstrate exceptional
circumstances warranting appointment of counsel. See Terrell v. Brewer, 935 F.2d
1015, 1017 (9th Cir. 1991).
Lopez’s remaining contentions are unpersuasive.
AFFIRMED.
DS/Research 2 09-15676