Patsy N. SAKUMA, Plaintiff-Appellant, v. ASSOCIATION OF APARTMENT OWNERS OF THE TROPICS AT WAIKELE, an incorporated association, by its board of directors; et al., Defendants-Appellees, 707 F. App'x 906

MEMORANDUM Patsy N. Sakuma appeals pro se from the district court’s judgment dismissing her action alleging Racketeer Influenced and Corrupt Organizations Act (“RICO”) and state law claims. We have jurisdiction under 28 U.S.C. § 1291. We review de novo a dismissal under the Rooker-Feldman doctrine. Noel v. Hall, 341 F.3d 1148, 1154 (9th Cir. 2003). We may affirm on any basis supported by the record, Thompson v. Paul, 547 F.3d 1055, 1058-59 (9th Cir. 2008), and we affirm. Dismissal of Sakuma’s action was proper because Sakuma failed to allege facts sufficient to state a plausible RICO claim. See Hebbe v.

Pliler, 627 F.3d 338, 341-42 (9th Cir. 2010) (although pro se pleadings are construed liberally, a plaintiff must 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). We do not consider matters not specifically and distinctly raised and argued in the opening brief. See Padgett v. Wright, 587 F.3d 983, 985 n.2 (9th Cir. 2009).

Sakuma’s motion to file supplemental excerpts of record (Docket Entry No. 40) is granted and the docket reflects that the supplemental excerpts of record have been filed. All other pending requests and motions are denied. AFFIRMED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3,