Disamodha C. Amarasinghe, M.D. v. Commonwealth of Virginia

COURT OF APPEALS OF VIRGINIA Present: Judges Humphreys, McCullough and Senior Judge Bumgardner DISAMODHA C. AMARASINGHE, M.D. MEMORANDUM OPINION * v. Record No. 0846-12-1 PER CURIAM AUGUST 14, 2012 COMMONWEALTH OF VIRGINIA, DEPARTMENT OF HEALTH PROFESSIONS, VIRGINIA BOARD OF MEDICINE FROM THE CIRCUIT COURT OF THE CITY OF NORFOLK Norman A. Thomas, Judge (Disamodha C. Amarasinghe, M.D., pro se, on brief). No brief for appellee. Disamodha C. Amarasinghe, M.D., appellant, appeals an order entered by the Circuit Court for the City of Norfolk (“circuit court”), upholding the Virginia Board of Medicine’s (“the Board’s”) decision to indefinitely suspend his license to practice medicine. On appeal, appellant asserts the circuit court erred in finding: (1) substantial evidence in the record to support the Board’s factual findings; (2) the Board’s decision to suspend his license did not violate appellant’s property rights and the Board afforded appellant procedural due process; (3) the Board’s decision was not arbitrary and capricious; (4) the Board considered all relevant evidence in rendering its decision; (5) the Board’s action was not motivated by racial or national origin; and (6) the Board’s actions were not retaliatory or in response to complaints made by appellant. Appellant also appears to challenge the circuit court’s quashing of a subpoena for a witness.1 * Pursuant to Code § 17.1-413, this opinion is not designated for publication. 1 We deny appellant’s June 12, 2012 motion to expedite and change format and the Board’s May 22, 2012 motion to dismiss. The record on appeal does not contain a transcript or a written statement of facts for the March 21, 2012 hearing in the circuit court. We have reviewed the record and appellant’s brief. We conclude that a transcript or written statement of facts is indispensable to a determination of the assignments of error presented on appeal. See Anderson v. Commonwealth, 13 Va. App. 506, 508-09, 413 S.E.2d 75, 76-77 (1992); Turner v. Commonwealth, 2 Va. App. 96, 99-100, 341 S.E.2d 400, 402 (1986). Therefore, we summarily affirm the judgment of the circuit court. See Rule 5A:27. Affirmed. -2-