Carlton Loeber v. Ameer Alghusain

• Court: Court of Appeals for the Ninth Circuit
• Decided: March 28, 2024
• Docket: 22-16830
• Status: Unpublished

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 28 2024 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

CARLTON BRYAN LOEBER, No. 22-16830

Plaintiff-Appellant, D.C. No. 3:21-cv-00505-JD

v. MEMORANDUM* AMEER ALGHUSAIN; AMIDAC; AMERICAN RAILWAYS LLC; GENERAL RAILWAYS LLC,

Defendants-Appellees.

Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding

Submitted March 26, 2024**

Before: TASHIMA, SILVERMAN, and KOH, Circuit Judges.

Carlton Bryan Loeber appeals pro se from the district court’s judgment

dismissing his action under the Racketeer Influenced and Corrupt Organizations

Act (“RICO”). We have jurisdiction under 28 U.S.C. § 1291. We review de novo

* 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). a sua sponte dismissal under Federal Rule of Civil Procedure 12(b)(6). Omar v.

Sea-Land Serv., Inc., 813 F.2d 896, 991 (9th Cir. 1987). We affirm.

The district court properly dismissed Loeber’s action because Loeber failed

to allege facts sufficient to state a pattern of racketeering activity causing injury to

Loeber’s business or property. See United Bhd. of Carpenters & Joiners of Am. v.

Bldg. & Const. Trades Dep’t, 770 F.3d 834, 837 (9th Cir. 2014) (setting forth

elements of a civil RICO claim); Edwards v. Marin Park, Inc., 356 F.3d 1058,

1065-66 (9th Cir. 2004) (explaining the heightened pleading standard applicable to

civil RICO claims).

We do not consider arguments and allegations raised for the first time on

appeal. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

All pending requests are denied.

AFFIRMED.

2 22-16830