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McHENRY v. RENNE

No. 94-15179.

84 F.3d 1172 (1996)

Keith McHENRY; Eric Warren, Plaintiffs-Appellants, v. Louise RENNE; John Willett; Charles Gallman; Frank Reed; Mary Burns; Timothy Hettrich; (Fnu) Blackwell; Edward Garcia; Mark Hernandez; Robert Battaglia; Robert J. Brodnik; S. Quadrelli; R. Farris, # 12212; John Does 1-10; Dirk Beijen; Richard Hongisto; Russell Matli # 1751 and the City and County of San Francisco, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided May 28, 1996.

Attorney(s) appearing for the Case

Randy Baker, Berkeley, California, for plaintiffs-appellants.

Margaret W. Baumgartner, Deputy City Attorney, San Francisco, California, for defendants-appellees.

Before: GOODWIN, FARRIS and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

The district judge dismissed plaintiffs' complaint under Federal Rules of Civil Procedure 8, 12, and 41 because it did not contain a short and plain statement of their claims for relief, did not give defendants a fair opportunity to frame a responsive pleading, and did not give the court a clear statement of claims. The district court had given plaintiffs three opportunities to amend the complaint in accord with the judge's instructions,...

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