Washington v. Colorado State University

405 F. App'x 288

• Court: Court of Appeals for the Tenth Circuit
• Decided: December 15, 2010
• Docket: 10-1254
• Status: Unpublished

Opinion

ORDER AND JUDGMENT **

PAUL KELLY, JR., Circuit Judge.

Plaintiff-Appellant Lester Washington, appearing pro se, appeals from the district court’s order dismissing his various complaints and the action against Colorado State University and 43 other defendants without prejudice. On appeal, he contends, inter alia, that the district court erroneously dismissed his complaint without first examining the facts and evidence. Aplt. Br. at 3^4. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm.

? December 21, 2009, Mr. Washington filed a pro se complaint. I R. 11. The magistrate judge ordered Mr. Washington to file his complaint using the court’s Title VII form. Washington v. Colo. State Univ. Ft. Collins, 2010 WL 1924438, at *1 (D.Colo. May 12, 2010). Mr. Washington filed an amended complaint on March 8, 2010. Id. Shortly thereafter the magistrate judge entered an order directing Mr. Washington to file a second amended complaint that complied with Federal Rule of Civil Procedure 8 (“Rule 8”). Id. On May 7, 2010, Mr. Washington filed a second amended complaint. On May 12, the district court dismissed the complaint, the amended complaint, the second amended complaint, and the action without prejudice for failure to comply with Rule 8. Id. at *2. Mr. Washington timely appealed. We review for abuse of discretion a district court’s order dismissing a complaint for failure to comply with Rule 8. See United States ex rel. Lemmon v. Envirocare of Utah, Inc., 614 F.3d 1163, 1167 (10th Cir.2010).

Mr. Washington’s second amended complaint was 87 pages long and incorporated 156 pages of exhibits. See 1 R. (pt. 1) 158-231; 1 R. (pt. 2) 232-242. It asserted 21 claims against 44 defendants and alleged violation of at least 120 federal laws, several provisions of the United States Constitution, and numerous state laws. See I R. (pt. 1) 170,185-227.

Under Rule 8, a plaintiff must make a “short and plain statement of the claim showing that the pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2). As the district court noted, Rule 8 serves the vital purpose of enabling the court and defendants “to know what claims are being asserted and to be able to respond to those claims.” Washington, 2010 WL 1924438 at *1. General allegations of harm are insufficient and the facts must ultimately suggest that the claim is facially plausible; rambling narrations of fact coupled with conclusory legal assertions do not assist the court or the defendants. Ashcroft v. Iqbal, - U.S. -, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009). After reviewing the record, we agree that Mr. Washington’s pleadings fall well short of Rule 8’s requirements. Accordingly, the district court did not abuse its discretion in dismissing the complaint.

AFFIRMED. We GRANT Mr. Washington’s motion to proceed IFP and DENY all other pending motions.

** This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1.