Opinion
No. CA 00-0430-CB-C.
January 9, 2001
ORDER
This matter is before the Court on the plaintiff's objection to the Report and Recommendation of the Magistrate Judge recommending that this action be dismissed as frivolous. The sole basis of plaintiffs objection is that the Magistrate Judge did not address his claim under the RICO statute, 18 U.S.C. § 1964 (a). Plaintiffs RICO claim consists of nothing more than conclusory allegations that certain law enforcement officers conspired to stop, search and arrest him and to testify falsely against him and that the Assistant United States Attorney who prosecuted this case conspired with the trial judge. Plaintiff does not even assert any conspiracy claims against the appellate judges named as defendants but alleges that these judges violated the canons of judicial ethics in upholding his conviction on appeal. Plaintiffs RICO claims against all of the defendants "fall well short of stating a valid claim because [they are devoid] of any faction allegations [to] support plaintiffs claims of a criminal conspiracy." Tapia-Ortiz v. Winter, 185 F.3d 8, 11 (2nd Cir. 1999). Accordingly, those claims are also due to be dismissed as frivolous. Id.
It is, therefore, ORDERED that the Report and Recommendation of the Magistrate Judge be and hereby is ADOPTED as the opinion of this Court.