Smith v. British Petroleum of America

MEMORANDUM **

Wayne Douglas Smith appeals pro se from the district court’s judgment dismissing his action alleging injuries arising from a slip and fall accident. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Rhoades v. Avon Prods., Inc., 504 F.3d 1151, 1156 (9th Cir.2007) (failure to state a claim); Thinket Ink Info. Res., Inc. v. Sun Microsystems, Inc., 368 F.3d 1053, 1061 (9th Cir.2004) (dismissal without leave to amend). We affirm.

The district court properly dismissed the claims under 42 U.S.C. § 1983 because defendants, who are all private entities or persons, did not act under color of state law. See Price v. Hawaii, 939 F.2d 702, 707-08 (9th Cir.1991) (explaining that “private parties are not generally acting under color of state law” and that conclusory allegations that there was action under color of state law, unsupported by facts, will be rejected as insufficient to state a claim under the Civil Rights Act).

The district court properly dismissed the RICO claim because Smith failed to show a pattern of racketeering activity based on one alleged incident of attempted bribery by one defendant. See 18 U.S.C. §§ 1961-1968 ; Clark v. Time Warner Cable,…