Burns

MEMORANDUM **

Robert B. Burns appeals the dismissal of his fourth amended complaint and dismissal of his Racketeer Influenced and Corrupt Organizations Act (hereinafter “RICO”) claim from his third amended complaint. We affirm. Because the parties are familiar with the factual and procedural histories of this case, we need not recount them here.

I

For the reasons stated in the district court’s December 21, 2001, decision, we affirm the dismissal of Burns’ fourth amended complaint.

II

On August 6, 2001, the district court dismissed Burns’ third amended complaint. A plain reading of the district court’s August 6, 2001, order indicates that the district court did not base its dismissal on any grounds raised by the Defendants-Appellees’ motion to dismiss. In fact, the district court stated that the entire third amended complaint was being dismissed because the factual circumstances had changed. Burns was granted leave to file a fourth amended complaint. The district court’s order did not include any language that prohibited a fourth amended complaint from including the RICO claim. On September 5, 2001, Burns filed a fourth amended complaint. That complaint alleged fraudulent…