Professional Documents
Culture Documents
No. 09-6540
Appeal from the United States District Court for the Eastern
District of Virginia, at Richmond. Richard L. Williams, Senior
District Judge. (3:08-cv-00100-RLW)
Submitted:
SHEDD,
Circuit
Decided:
Judges,
and
January 6, 2011
HAMILTON,
Senior
PER CURIAM:
Chetanand
courts
order
Kumar
dismissing
Sewraz
his
appeals
complaint
from
without
the
district
prejudice
for
complaint
claim.
contain
short
and
plain
statement
of
the
complaint
was
too
[included]
often
lengthy,
unnecessary
excessively
factual
detailed[,]
background.
The
and
court
count
required
constant
cross-referencing
and
made
it
adds
pleading.
another
layer
to
an
already
overly
convoluted
When
v.
Lockheed-Martin
Corp.,
2
328
F.3d
374,
378
(7th
Cir.
2003); whether
the
complaint
was
clear
enough
to
enable
the
at
542;
and
whether
the
plaintiff
was
represented
by
counsel.
Cir. 1989).
Regarding
the
length
and
complexity
of
Sewrazs
paragraphs
in
thirty-three
pages.
While
Sewrazs
actual
claims
comprehensible
were
without
easy
to
difficulty
or
understand
guesswork.
and
were
Generally,
(3d
Cir.
1996)
(600
paragraphs,
240
pages);
Vicom,
(finding
385-paragraph,
119-page
less-than-coherent
906-09
(1st
Cir.
1993)
(358
paragraphs,
43
pages); *
Michaelis v. Nebraska State Bar Assn, 717 F.2d 437, 439 (8th
Cir. 1983) (144 paragraphs, 98 pages); see also Hearns v. San
Bernardino Police Dept, 530 F.3d 1124, 1127 (9th Cir. 2008)
(finding
81-page
abuse
of
complaint
allegations
that
discretion
when
that
included
were
nonetheless
district
excessively
court
dismissed
detailed
coherent,
factual
well-organized,
to
the
other
factors,
we
find
that
the
While
complete
factual
defendant
background
would
in
likely
order
to
need
see
to
the
read
big
the
picture
267
F.
Appx
817,
819-20
(10th
Cir.
See Toevs v.
2008)
(finding
rights
supported
by
factual
assertions
tethered
to
abused
its
discretion
in
dismissing
the
complaint
for
See
Garst, 328 F.3d at 378 (holding that a court could not dismiss a
complaint merely because it contains repetitious and irrelevant
matter,
as
surplusage
Accordingly,
we
vacate
Sewrazs
complaint
dispense
with
oral
and
in
the
complaint
district
remand
argument
for
can
courts
further
because
the
be
ignored).
dismissal
proceedings.
facts
and
of
We
legal