Shankar

Shankar v. Bonta

Good Law
50 F. App'x 840
United States Court of Appeals for the Ninth CircuitOctober 11, 2002No. 01-56399; D.C. No. CV-00-07659-RJKCalifornia958 words

Opinion

Lead Opinion

MEMORANDUM **

Arvind Shankar, M.D. appeals the district court’s dismissal and summary judg *841 ment rulings in favor of officials of the California Department of Health Services (DHS), as well as the court’s scheduling order and refusal to grant various continuances. We affirm.

I

The district court properly dismissed Shankar’s official-capacity claims for injunctive relief. The pleadings fail to show a continuing violation or any reasonable probability that Shankar would again be injured by DHS’s enforcement of its anti-fraud policies. That DHS may be run incompetently or corruptly (as Shankar alleges) at most gives rise to a “theoretical possibility” that he will again be affected, which is insufficient. Sample v. Johnson, 771 F.2d 1335, 1340 (9th Cir.1985) (quoting Murphy v. Hunt, 455 U.S. 478, 482 , 102 S.Ct. 1181 , 71 L.Ed.2d 353 (1982)).

II

Shankar has no constitutionally protected property interest in his MediCal provider enrollment. Erickson v. United States, 67 F.3d 858 (9th Cir.1995), is not distinguishable on any of the bases argued by Shankar. While he had a property interest in the earned payments that were temporarily withheld, any claim with respect to those…

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