Hung Dang v. Mark Johnson

U.S. Court of Appeals for the Ninth Circuit

Hung Dang v. Mark Johnson

Opinion

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 21 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT

HUNG DANG, No. 22-35834

Plaintiff-Appellant, D.C. No. 3:21-cv-05544-RJB

v. MEMORANDUM* MARK JOHNSON, MQAC member; et al.,

Defendants-Appellees,

and

KIMBERLY MOORE, M.D.; et al.,

Defendants.

Appeal from the United States District Court for the Western District of Washington Robert J. Bryan, District Judge, Presiding

Submitted March 14, 2023**

Before: SILVERMAN, SUNG, and SANCHEZ, Circuit Judges.

Hung Dang appeals pro se from the district court’s interlocutory order

* 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). denying his motion for a preliminary injunction in his 42 U.S.C. § 1983 action

challenging the Washington Medical Commission’s issuance of an amended final

order. We have jurisdiction under 28 U.S.C. § 1292(a)(1). We review for an

abuse of discretion. All. for the Wild Rockies v. Pena, 865 F.3d 1211, 1216-17 (9th

Cir. 2017). We affirm.

The district court did not err in denying Dang’s motion for a preliminary

injunction because Dang did not show that he is likely to suffer irreparable harm in

the absence of preliminary relief, that the balance of equities tips in his favor, or

that an injunction is in the public interest. See id. (stating requirements for

injunctive relief)1 (citation and internal quotation marks omitted).

AFFIRMED.

1 We express no opinion on the district court’s conclusion that Dang failed to demonstrate that he was likely to succeed on the merits or that there were serious questions going to the merits of his claims.

2 22-35834

Reference

Status
Unpublished