U.S. Court of Appeals for the Ninth Circuit, 2017

Janis Okawaki v. First Hawaiian Bank

Janis Okawaki v. First Hawaiian Bank
U.S. Court of Appeals for the Ninth Circuit · Decided March 16, 2017 · Leavy, Fletcher, Owens
682 F. App'x 614

Janis Okawaki v. First Hawaiian Bank

Opinion

MEMORANDUM **

Janis Sakae Okawaki appeals pro se from the district court’s judgment dismissing sua sponte her action under the Racketeer Influenced and Corrupt Organizations Act (“RICO”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a *615 district court’s dismissal for failure to state a claim. Hebbe v. Filler, 627 F.3d 338, 341 (9th Cir. 2010). We affirm.

The district court properly dismissed Okawaki’s action because Okawaki failed to allege facts sufficient to state a plausible RICO claim. See id. at 341-42 (though pro se pleadings are to be liberally construed, a plaintiff must still present factual allegations sufficient to state a plausible claim for relief); Living Designs, Inc. v. E.I. Dupont de Nemours & Co., 431 F.3d 353, 361 (9th Cir. 2005) (elements of a civil RICO claim).

Okawaki’s motion (Docket Entry No. 11) is denied.

AFFIRMED.

**

This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.

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