Civil Procedure – dismissal — sanctions

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United States Court of Appeals

CIVIL

Civil Procedure

Dismissal; sanctions

Where an amended complaint was incomprehensible, it was not an abuse of discretion to dismiss it and order the attorney to show cause why he should not be sanctioned.

“The district court was well within its discretion to reject the second amended complaint and dismiss the case with prejudice. Each iteration of the complaint was generally incomprehensible and riddled with errors, making it impossible for the defendants to know what wrongs they were accused of committing. Maksym’s persistent failure to comply with basic directions from the court and his open defiance of court orders amply justified the judge’s decision to dismiss with prejudice. Moreover, like his pleadings in the district court, Maksym’s appellate briefing is woefully deficient, raising serious concerns about his competence to practice before this court. Accordingly, we order Maksym to show cause why he should not be suspended from the bar of this court or otherwise disciplined under Rule 46 of the Federal Rules of Appellate Procedure. Finally, we direct the clerk to send a copy of this opinion to the Illinois Attorney Registration and Disciplinary Commission.”

Affirmed.

09-1487 Stanard v. Nygren

Appeal from the United States District Court for the Northern District of Illinois, Kapala, J., Sykes, J.