Raiser v. Kono

ORDER AND JUDGMENT *

JOHN C. PORFILIO, Circuit Judge.

Plaintiff-appellant Aaron Raiser appeals the district court’s sua sponte dismissal of his First Amended Complaint, which attempted to set forth civil rights and RICO claims, and its denial of his motion for recusal of a magistrate judge. Because we conclude that it is patently obvious that Mr. Raiser could not prevail on the facts and theories alleged, we affirm.

I

This case has its origin in a Utah state-court case filed by Mr. Raiser against Brigham Young University (BYU), which was represented by David M. Kono and Daniel L. Steele, of the…