NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT

ROBERT JOSEPH Mc CARTY,

Plaintiff

- Appellant,

v. JOHN V. ROOS; et al.,

Defendants

- Appellees. No. 14

- 16934
D.C. No. 2:11

- cv - 01538

- JCM

- NJK

MEMORANDUM *

Appeal from the United States District Court for the District of Nevada James C. Mahan, District Judge, Presiding
Submitted April 11 , 2017 **
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges. Robert Joseph McCarty appeals pro se from the district court’s judgment in

his 42 U.S.C. § 1983 action alleging constitutional violations arising out of his registration as a sex offender . We have jurisdiction under 28 U.S.C. § 1291. We

review de novo both the district court’s dismissal fo r failure to state a claim under

* 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). 

# FILED

APR 24 2017
MOLLY C. DWYER, CLER K U.S. COURT OF APPEAL S2 14

- 16934

Federal Rule of Civil Procedure 12(b)(6) and summary judgment

. Doe v. Abbott

Labs. , 571 F.3d 930, 933 (9th Cir. 2009) . We affirm. The district court properly dismissed McCarty’s official capacity claims against the federal defendants because McCarty failed to allege facts sufficient to

state a plausible claim. See United States v

. Juvenile Male , 670 F.3d 999, 1009 ,
1012

- 13 (9th Cir. 2012) (identifying requirements for equal protection, substantive due process , and procedural due process claims) ; Hebbe v. Pliler , 627 F.3d 338,

341

- 42 (9th Cir. 2010) (although pro se pleadings are to be liberally construed, a plaintiff must still present factual allegations sufficient to state a plausible claim for relief)

. The d istrict court properly dismissed McCarty’s official capacity claim s against the state defendants on the basis of Eleventh Amendment immunity. See Krainski v. Nev. ex. rel. Bd. of Regents of Nev. Sys. of Higher Educ. , 616 F.3d 963,

96 7 (9th Cir. 2010) (the Eleventh Amendment bars suits against the State, its agencies, and state officials sued in their official capacities). The district court properly dismissed McCarty’s individual capacity claims against the federal and state defendant s because McCarty failed to allege facts

sufficient to show t hat defendants’ conduct violated a clearly established right.3 14

- 16934

See Pearson v. Callahan , 555 U.S. 223, 232 (2009) (defendant is entitled to qualified immunity unless the conduct at issue violated a clearly established constitutional right). The district court properly granted summary judgment on McCarty’s official capacity claims for injunctive relief against defendants Charlene Hoerth and

Patrick Saunders because McCarty failed to raise a genuine dispute of material fact

as to whether he was not required to register as a sex offender. See United States v.

Crowder , 656 F.3d 870, 872 (9th Cir. 2011) ( explaining Sex Offender Registration and Notification Act registration requirements) ; N ollette v. St ate , 46 P.3d 87, 90 (Nev. 2002) (explaining registration requirements under Nevada law)

. The district court did not abuse its discretion in denying McCarty’s request for judicial notice , incl uding his request to take judicial notice of the Torture

Victims Protection Act , Foreign Sovereign Immunities Act, and Convention Against Torture

. See Skilstaf, Inc. v. CVS Caremark Corp. , 669 F.3d 1005, 1016 n.9 (9th Cir. 2012) (setting forth standard of review) ; Ruiz v. City of Santa

Maria , 160 F.3d 543, 548 n. 13 (9th Cir. 1998) ( judicial notice is inappropriate

where the facts to be noticed are not relevant to the disposition of the issues before the court).4 14

- 16934

We reject as unsupported by the record McCarty’s contentions that the

district was not impartial , applied t he wrong legal standard, and failed t o receive

and consider evidence. McCarty’s request for judicial notice, set forth in his reply brief, is denied.

AFFIRMED.