Russell Whitaker v. MGA, Inc., No. 06-15025 (11th Cir. 2007)

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[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ________________________ No. 06-15025 Non-Argument Calendar ________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT MARCH 15, 2007 THOMAS K. KAHN CLERK D.C. Docket No. 05-00099-CV-WLS-1 RUSSELL WHITAKER, C. R. GREGORY, f.d.b.a. Tiffany's Movie's, ROBERT KNIGHTON, f.d.b.a. C.J.'s Video Plus, Plaintiffs-Appellants, versus MGA, INC., UNITED PARCEL SERVICE, INC., (UPS), et al., Defendants-Appellees. ________________________ Appeal from the United States District Court for the Middle District of Georgia ________________________ (March 15, 2007) Before ANDERSON, BARKETT, and COX, Circuit Judges. PER CURIAM: Plaintiffs Russell Whitaker, C. R. Gregory, and Robert Knighton appeal the district court s dismissal of their civil RICO claim against Defendants MGA, Inc., United Parcel Service, Select Media Services, LLC, Mile High Media, Inc., LFP, Inc., Digital Sin, Inc., and Fraserside Holdings, Ltd. We find no reversible error in the dismissal and therefore affirm. Plaintiffs complaint does not allege facts to support the conclusory allegations that Defendants combined and conspired to manufacture, transport, and distribute obscene materials. Thus, dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) was proper. AFFIRMED. 2

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