Millan
Millan v. Clinton
Opinion
Lead Opinion
*486 MEMORANDUM **
Richard Millan appeals pro se the district court’s judgment dismissing his action against defendants William J. Clinton, Craig T. Smith, Justin Dangel, Voter.Com, and the Democratic National Committee, in which he alleges violations of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-1964 , and various state law claims. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim and review for abuse of discretion denial of leave to amend. Albrecht v. Lund, 845 F.2d 193, 195, 196 , amended by 856 F.2d 111 (9th Cir.1988). We affirm.
The district court properly dismissed Millaris action for failure to state a claim because, among other things, Millan faded to allege racketeering activity with sufficient particularity. See Moore v. Kayport Package Express, Inc., 885 F.2d 531, 541 (9th Cir.1989) (affirming dismissal of RICO claims where plaintiffs failed to attribute specific conduct to individual defendants and failed to specify the time or place of alleged misconduct).
To the extent the district court erred by refusing to file Millaris first amended complaint before ruling on…