FILED
NOT FOR PUBLICATION JAN 25 2012
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
JOHN COBB, No. 10-56646
Plaintiff - Appellant, D.C. No. 3:08-cv-00188-JAH-
WMC
v.
J REYES; et al., MEMORANDUM *
Defendants - Appellees.
Appeal from the United States District Court
for the Southern District of California
John A. Houston, District Judge, Presiding
Submitted January 17, 2012 **
Before: LEAVY, TALLMAN, and CALLAHAN, Circuit Judges.
John Cobb appeals pro se from the district court’s judgment dismissing his
42 U.S.C. § 1983 action alleging various state and federal claims against police
officers, prosecutors, public defenders, and judges. We have jurisdiction under 28
*
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).
U.S.C. § 1291. We review for an abuse of discretion a dismissal for failure to
comply with an order to amend the complaint, McHenry v. Renne, 84 F.3d 1172,
1177 (9th Cir. 1996), and we affirm.
The district court properly dismissed Cobb’s action with prejudice after he
failed to comply with the court’s order to amend his second amended complaint so
as to plainly and clearly allege claims arising from his alleged wrongful arrest,
prosecution, and conviction over a period of three decades. See Fed. R. Civ. P.
8(a)(2) (to state a claim for relief, pleading must contain a short and plain
statement of the claim showing that the pleader is entitled to relief); McHenry, 84
F.3d at 1178-79 (court may dismiss an action for noncompliance with Rule 8 after
considering less drastic alternatives if it cannot determine who is being sued, for
what relief, and on what theory); Ferdik v. Bonzelet, 963 F.2d 1258, 1260-63 (9th
Cir. 1992) (setting forth factors to consider before dismissing for failure to comply
with order to amend).
Cobb’s remaining contentions are unpersuasive.
AFFIRMED.
2 10-56646