TILLIO v. SPIESS, 11-1276 (3rd Cir. 8-4-2011)
PATRICK D. TILLIO, SR., Appellant v. F. HARRY SPIESS, JR.; MONTGOMERYCOUNTY; MONTGOMERY COUNTY COURTHOUSE; STEVEN T. O'NEILL, MontgomeryCounty Courthouse; JOE RANNAEZY, Vincent's Hardwood Flooring; LAURENMcSORLEY; MICHAEL P. DIGNAZIO.
No. 11-1276.United States Court of Appeals, Third Circuit.Submitted Pursuant to Third Circuit LAR 34.1(a) August 1,2011.
Opinion Filed: August 4, 2011.
[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]
On Appeal from the United States District Court for the Eastern District of Pennsylvania (E.D. Pa. D.C. Civil No. 11-cv-0288) District Judge: Honorable Cynthia M Rufe.
Before: JORDAN, GARTH and BARRY, CircuitJudges.
OPINION
PER CURIAM
Patrick Tillio, proceeding pro se, appeals the decision of the District CourtPage 2
dismissing his complaint without prejudice for failure to comply with Rule 8(a) of the Federal Rules of Civil Procedure. In January 2011, Tillio filed a five-page handwritten complaint. On January 20, 2011, the District Court, suasponte, dismissed Tillio's complaint without prejudice and closed the case statistically, because it was "rambling and unclear" and therefore failed to meet the pleading standards set forth in Rule 8(a).
We have jurisdiction over this appeal pursuant to28 U.S.C. § 1291. This Court reviews a district court's dismissal of claims under Rule 8 for abuse of discretion. In reWestinghouse Sec. Litig., 90 F.3d 696, 702 (3d Cir. 1996).
Federal Rule of Civil Procedure 8(a) requires a pleading to contain "a short and plain statement of the claim showing that the pleader is entitled to relief." A district court maysua sponte dismiss a complaint for failure to comply with Rule 8, but dismissal "is usually reserved for those cases in which the complaint is so confused, ambiguous, vague, or otherwise unintelligible that its true substance, if any, is well disguised." Simmons v. Abruzzo, 49 F.3d 83, 86
(2d Cir. 1995) (quotations omitted). Although the complaint Tillio submitted was, as the District Court noted, "rambling and unclear," district courts generally must allow plaintiffs leave to amend deficient complaints prior to dismissal unless doing so would be futile. Simmons, 49 F.3d at 87;cf. Grayson v. Mayview State Hosp.,293 F.3d 103, 108 (3d Cir. 2002).
We conclude that the District Court did not abuse its discretion in dismissing Tillio's complaint for failure to comply with Federal Rule of Civil Procedure 8. None of his submissions to the District Court or to this Court reveals any factual or legal basis forPage 3
a federal claim. Although a district court should generally give leave to amend prior to dismissing or making its own determination whether any amendment would be futile,Simmons, 49 F.3d at 87, we are satisfied — especially in light of Tillio's unclear appellate filings — that the District Court did not abuse its discretion by dismissing his complaint without leave to amend. Cf.Grayson v. Mayview State Hosp., 293 F.3d 103, 114 (3d Cir. 2002).
For the foregoing reasons, we shall affirm the judgment of the District Court.Page 1