Wright
Wright v. Meyer
Opinion
Lead Opinion
MEMORANDUM **
Floyd A. Wright appeals pro se the district court’s judgment dismissing his action alleging that Federal and Nevada County officials violated his constitutional rights by foreclosing tax liens against him and subsequently evicting him from his property pursuant to an order of judicial sale. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo dismissals for lack of subject matter jurisdiction, Montes v. United States, 37 F.3d 1347, 1351 (9th Cir.1994), as well as dismissals for failure to state a claim, Rimes v. Stone, 84 F.3d 1121, 1126 (9th Cir.1996). We affirm.
The district court properly dismissed Wright’s claims against the United States, the United States Marshal Service, and the Internal Revenue Service (“IRS”) for lack of subject matter jurisdiction because Wright failed to show an explicit waiver of sovereign immunity. See Holloman v. Watt, 708 F.2d 1399, 1401-02 (9th Cir. 1983) (per curiam). Likewise, the district court properly dismissed the individual federal defendants in their official capacities. See United States v. Dalm, 494 U.S. 596, 608 , 110 S.Ct. 1361 , 108 L.Ed.2d 548 (1990).