Hung Dang v. Mark Johnson

NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAR 21 2023 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT HUNG DANG, No. 22-35834 Plaintiff-Appellant,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