Gorstein
Gorstein v. World Savings Bank
Opinion
Lead Opinion
MEMORANDUM **
Bernard Gorstein appeals pro se the district court’s judgment dismissing his action alleging that World Savings Bank and its officers and employees violated the Racketeer Influenced and Corrupt Orgamzations Act (“RICO”) and Title VII, wrongfully deprived him of his Social Security Benefits, and committed various torts in connection with administering Gorstein’s bank accounts. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo dismissal for failure to state a claim, see TwoRivers v. Lewis, 174 F.3d 987, 991 (9th Cir.1999), and we reverse and remand.
“A dismissal for failure to state a claim is proper oMy if it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Arpin v. Santa Clam Valley Transp. Agency, 261 F.3d 912 , 923 (9th Cir.2001)(quotations omitted). It is conceivable that Gorstein could allege facts constituting a federal claim. Cf Lopez v. Washington Mutual Bank, FA, 302 F.3d 900 , at---(9th Cir.2002) (holding that a bank does not violate 42 U.S.C. § 407 (a) when it automatically applies social security funds to a debt so long as the social security recipient…