Hung Dang v. Mark Johnson ( 2023 )

NOT FOR PUBLICATION FILED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