McNamara

McNamara v. Cooley

Good Law
72 F. App'x 727
United States Court of Appeals for the Ninth CircuitAugust 21, 2003No. 03-55002; D.C. No. CV-02-05793-RSWLCalifornia389 words

Opinion

Lead Opinion

MEMORANDUM **

William McNamara appeals pro se the district court’s order dismissing his civil *728 Racketeer Influenced and Corrupt Organizations Act (“RICO”) action alleging that 35 individuals associated with his arrest and convictions in state court violated his constitutional and California state rights. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo dismissals for failure to state a claim. See Howard v. America Online Inc., 208 F.3d 741, 746 (9th Cir.2000). We affirm.

McNamara’s first amended complaint, like his original complaint, failed to allege facts to support claims that various judges, police, sheriff, court clerk, court reporters and others, violated his rights. See Ivey v. Bd. of Regents of University of Alaska, 673 F.2d 266, 268 (9th Cir.1982) ("Vague and conclusory allegations of official participation in civil rights violations are not sufficient to withstand a motion to dismiss.”); see also Howard v. America Online Inc., 208 F.3d 741, 748-51 (9th Cir.2000) (affirming dismissal of RICO claim based on conclusory allegations that failed to set forth the requisite elements).

The district court properly dismissed McNamara’s Fourth Amendment claim…

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