Kahre

MEMORANDUM *

Robert Kahre appeals the district court’s dismissal of his private Racketeer Influenced and Corrupt Organizations Act (“RICO”) suit for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

Kahre claims that various officers of the Internal Revenue Service, the United States Attorney’s Office, and the North Las Vegas Police Department engaged in a pattern of racketeering activity intended to injure his business or property. Kahre seeks to turn a legitimate law enforcement activity into a RICO enterprise with mere allegations, but he has failed to state a claim for either a state or federal RICO violation.

The essential elements of a federal RICO cause of action are: “(1) conduct (2) of an enterprise (3) through a pattern (4) of racketeering activity (5) causing injury to plaintiffs’ ‘business or property.’ ” Ove v. Gwinn, 264 F.3d 817, 825 (9th Cir.2001) (quoting 18 U.S.C. § 1964 (c)). Kahre has failed to allege the conduct element, since the conduct he complains of is legitimate law enforcement activity carried out in the course of the officers’ employment. In conducting the raid on Kahre’s home and business, the officers…