Opinion
21-15653
06-28-2022
RUNE KRAFT, Plaintiff-Appellant, v. GAINEY RANCH COMMUNITY ASSOCIATION; KAREN EPSTEIN; JIM FUNK; CHARLENE A. CRUZ; MAUREEN MARTHA CONNOLLY; MARION ELIZABETH MULCAHY; PAIGE ELIZABETH MARKS; LAUREN VIE; DOES, 1-10, Inclusive, Defendants-Appellees.
NOT FOR PUBLICATION
Submitted June 15, 2022
Appeal from the United States District Court for the District of Arizona John Joseph Tuchi, District Judge, Presiding D.C. No. 2:19-cv-05697-JJT
Before: SILVERMAN, WATFORD, and FORREST, Circuit Judges.
MEMORANDUM [*]
Rune Kraft appeals pro se from the district court's judgment in his action brought under the Racketeer Influenced and Corrupt Organizations Act ("RICO"). We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). Puri v. Khalsa, 844 F.3d 1152, 1157 (9th Cir. 2017). We affirm.
The district court properly dismissed Kraft's action because Kraft lacked standing to bring his action under RICO. See Canyon County v. Syngenta Seeds, Inc., 519 F.3d 969, 972 (9th Cir. 2008) ("To have standing under § 1964(c), a civil RICO plaintiff must show: (1) that his alleged harm qualifies as injury to his business or property; and (2) that his harm was 'by reason of' the RICO violation, which requires the plaintiff to establish proximate causation."); see also Ashcroft v. Iqbal, 556 U.S. 662, 681 (2009) (conclusory allegations are not entitled to a presumption of truth).
The district court did not abuse its discretion in denying Kraft's postjudgment motion for relief because Kraft failed to demonstrate any basis for relief. See Zimmerman v. City of Oakland, 255 F.3d 734, 740 (9th Cir. 2001) (setting forth standard of review and discussing factors for granting a motion for reconsideration under Rule 59(e)).
We reject as meritless Kraft's contentions that the district court should have issued subpoenas, should have made factual findings, did not comply with the Federal Rules of Civil Procedure, and erred in concluding defendants were entitled to seek attorney's fees.
AFFIRMED.
[*] This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.
The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).