Perry

Perry v. Laidlaw Transit Services, Inc.

Good Law
234 F. App'x 634
United States Court of Appeals for the Ninth CircuitJune 14, 2007No. 06-55788California326 words

Opinion

Lead Opinion

MEMORANDUM **

Kevin Perry appeals pro se from the district court’s judgment dismissing without leave to amend his action against Laidlaw Transit Services, Inc., and First Transit, Inc., alleging violations of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 (“RICO”). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo a dismissal for failure to state a claim, Steckman v. Hart Brewing, Inc., 143 F.3d 1293, 1295 (9th Cir.1998), and review for abuse of discretion the denial of leave to amend a complaint, Lockheed Martin Corp. v. Network Solutions, Inc., 194 F.3d 980, 983 (1999). We affirm.

The district court properly dismissed Perry’s claims brought under RICO because Perry did not allege facts indicating that defendants collected an unlawful debt, see Sundance Land Corp. v. Comty. First Fed. Sav. & Loan Ass’n, 840 F.2d 653, 665 (9th Cir.1988), or engaged in a pattern of racketeering activity, see Moore v. Kayport Package Express, Inc., 885 F.2d 531, 541 (9th Cir.1989).

The district court did not abuse its discretion by denying Perry’s motion for leave to amend his complaint because Perry did not present any new facts to support his…

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