Robert Chambers v. Los Angeles County

FILED NOT FOR PUBLICATION JUL 10 2012 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT ROBERT CHAMBERS, No. 10-55754 Plaintiff - Appellant, D.C. No. 2:09-cv-03919-VBF- PLA v. LOS ANGELES COUNTY; et al., MEMORANDUM * Defendants - Appellees. Appeal from the United States District Court for the Central District of California Valerie Baker Fairbank, District Judge, Presiding Submitted June 26, 2012 ** Before: SCHROEDER, HAWKINS, and GOULD, Circuit Judges. Robert Chambers appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging deliberate indifference to his serious medical needs while a pretrial detainee at Los Angeles County Jail. We * 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). have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under 28 U.S.C. §§ 1915A or 1915(e)(2). Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir. 2000); Barren v. Harrington, 152 F.3d 193, 1194 (9th Cir. 1998) (order). We affirm. The district court properly dismissed the action because the third amended complaint did not comply with Rule 8 of the Federal Rules of Civil Procedure. See Fed. R. Civ. P. 8(a)(2) (requiring pleading to contain “a short and plain statement of the claim showing that the pleader is entitled to relief”); McHenry v. Renne, 84 F.3d 1172, 1178-79 (9th Cir. 1996) (Rule 8 requires each averment of a pleading to be simple, concise, and direct, stating which defendant is liable to the plaintiff for which wrong, and is a basis for dismissal independent of failure to state a claim). Chambers’ remaining contentions are unpersuasive. Chambers’ request for judicial notice is denied. AFFIRMED. 2 10-55754