David Wilson v. Scott Kernan

MEMORANDUM

David Wayne Wilson, a California state prisoner, appeals pro se from the district court’s judgment dismissing with prejudice his 42 U.S.C. § 1983 action claiming that regulatory amendments to the prison quarterly package program violate the Constitution and various federal and state statutes. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal of a complaint for failure to state a claim under 28 U.S.C. § 1915A, Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000), and we affirm.

The district court properly dismissed Wilson’s federal claims. First, Wilson failed to allege a violation of the Racketeer Influenced and Corrupt Organizations (“RICO”) Act, 18 U.S.C. § § 1961 et seq., because his claim that state-approved package vendors were run by retired correctional officers or prison guard unions fails to allege a pattern of racketeering or the other elements of a RICO Act violation. See Sedima, S.P.R.L. v. Imrex Co., 473 U.S. 479, 482-83, 496 , 105 S.Ct. 3275 , 87 L.Ed.2d 346 (1985). Moreover, Wilson lacks standing to sue under the RICO Act because he had no business interests that were injured and was not deprived of any…