Benjamin Winter, M.D. v. California Medical Review, Inc., Otis R. Bowen, Department of Health & Human Services, and Richard P. Kusserow

892 F.2d 85 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Benjamin WINTER, M.D., Plaintiff-Appellant, v. CALIFORNIA MEDICAL REVIEW, INC., Otis R. Bowen, Department of Health & Human Services, and Richard P. Kusserow, Defendants-Appellees. No. 88-6499. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1989. Decided Dec. 18, 1989. Before NELSON, TROTT, and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Dr. Benjamin Winter appeals the district court's granting of appellees' motion to dismiss and its denial of his motion for injunctive relief. Winter contends that appellee California Medical Review, Inc. (CMRI), a peer review organization under contract with the Secretary of Health and Human Services to review certain medical services in the state of California, lacked jurisdiction to investigate him. The district court dismissed the case on the grounds that appellant failed to exhaust his administrative remedies. We affirm on that basis and on the…