Howard Browning, Plaintiff-appellant, v. Family Fitness Center, Inc., Defendant-appellee, 108 F.3d 336 (9th Cir. 1997)Annotate this Case
Before: ALARCN, CANBY and TASHIMA, Circuit Judges.
Howard Browning appeals pro se the district court's dismissal of his Racketeer Influenced and Corrupt Organizations Act ("RICO") [18 U.S.C. §§ 1961-1968] action alleging that employees of Family Fitness Center, Inc. stalked him, falsely accused him of being a drug dealer, sprayed acid into the gym sauna, and poisoned his vitamins and fruit. We affirm. We agree with the district court that Browning's action is barred by the doctrine of res judicata. See Sanchez v. City of Santa Ana, 936 F.2d 1027, 1036 (9th Cir. 1990) (citations and quotations omitted), cert. denied, 112 S. Ct. 417 (1991). Moreover, Browning's complaint fails to state a claim for a violation of RICO. See Oscar v. University Students Co-op Ass'n, 965 F.2d 783, 786 (9th Cir.) (en banc), cert. denied, 113 S. Ct. 655 (1992).