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FILED NOT FOR PUBLICATION APR 21 2010 MOLLY C. DWYER, CLERK UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS FOR THE NINTH CIRCUIT EDWARD P. LAZAR, No. 08-56713 Plaintiff - Appellant, D.C. No. 2:07-cv-07549-MMM- FFM v. COUNTY OF LOS ANGELES, MEMORANDUM * Defendant - Appellee. Appeal from the United States District Court for the Central District of California Margaret M. Morrow, District Judge, Presiding Submitted April 5, 2010 ** Before: RYMER, McKEOWN, and PAEZ, Circuit Judges. Edward P. Lazar appeals pro se from the district court’s order dismissing his action alleging violations of his constitutional rights. We have jurisdiction * 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). pursuant to
28 U.S.C. § 1291. We review for an abuse of discretion, Hearns v. San Bernardino Police Dep’t,
530 F.3d 1124, 1129 (9th Cir. 2008), and we affirm. Because the district court properly concluded that Lazar’s complaint failed to meet the pleading standards under Federal Rule of Civil Procedure 8, and Lazar failed to amend the complaint after obtaining leave to do so, dismissal of the complaint with prejudice was not an abuse of discretion. See Fed. R. Civ. P. 8(a)(1)-(3) (stating pleading requirements); Hearns,
530 F.3d at 1129-31(discussing factors to determine whether initial dismissal under Rule 8 was proper and whether subsequent dismissal for failure to amend was an abuse of discretion). AFFIRMED. 2
Document Info
Docket Number: 08-56713
Citation Numbers: 377 F. App'x 611
Judges: Rymer, McKeown, Paez
Filed Date: 4/21/2010
Precedential Status: Non-Precedential
Modified Date: 11/5/2024