NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

ROBERT JOSEPH McCARTY,

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 for 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, CLERK

U.S. COURT OF APPEALS
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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 district court properly dismissed McCarty’s official capacity claims

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, 

967 (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 defendants because McCarty failed to allege facts 

sufficient to show that defendants’ conduct violated a clearly established right. 
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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); Nollette v. State, 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, including 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).
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We reject as unsupported by the record McCarty’s contentions that the 

district was not impartial, applied the wrong legal standard, and failed to receive 

and consider evidence. 

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

AFFIRMED.