NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAR 16 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
JANIS SAKAE OKAWAKI, DPA, MA, No. 16-16011
MPA, JD, BA,
D.C. No. 1:16-cv-00232-DKW-
Plaintiff-Appellant, KSC
v.
MEMORANDUM*
FIRST HAWAIIAN BANK, Mike Taylor,
Senior Vice President and General
Manager; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the District of Hawaii
Derrick Kahala Watson, District Judge, Presiding
Submitted March 8, 2017**
Before: LEAVY, W. FLETCHER, and OWENS, Circuit Judges.
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
*
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).
review de novo a district court’s dismissal for failure to state a claim. Hebbe v.
Pliler, 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.
2 16-16011