Wisdom

Wisdom v. Katz

Good Law
308 F. App'x 120
United States Court of Appeals for the Ninth CircuitJanuary 13, 2009No. 07-56737California628 words

Opinion

Lead Opinion

MEMORANDUM **

Allen Wisdom appeals pro se from the district court’s judgment dismissing for failure to state a claim his federal claims brought under 42 U.S.C. §§ 1983 , 1985(2), 1985(3), 1986, and 18 U.S.C. §§ 1961-64 (the Racketeer Influenced and Corrupt Organizations Act (“RICO”)). Wisdom also appeals the district court’s dismissal without prejudice of his various state law claims. We review de novo. Decker v. Advantage Fund Ltd., 362 F.3d 593, 595-96 (9th Cir.2004). We affirm in part, reverse in part, and remand for further proceedings.

Construing Wisdom’s pro se complaint liberally, 1 he has failed to state a federal claim upon which relief can be granted. Fed. R. Civ. Proc. 12(b)(6); Balistreri v. Pacifica Police Dept., 901 F.2d 696, 699 (9th Cir.1990). In his § 1983 claim, Wisdom, in effect, asserts that his attorneys and the opposing parties who prevailed in state court proceedings conspired with the judge against him, as shown by the success of the opposing parties in the litigation. But mere victory or conclusory allegations that a judge conspired with law firms or individuals does not show conspiracy. See Schucker v. Rockwood, 846 F.2d 1202, 1205 (9th Cir.1988); see…

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