FILED
NOT FOR PUBLICATION JUL 27 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
DOROTHY CALABRESE, M.D., No. 09-56553
Plaintiff - Appellant, D.C. No. 8:09-cv-00363-CJC-
RNB
and
BEVERLY MEYER, MEMORANDUM **
Plaintiff,
v.
U.S. DEPARTMENT OF HEALTH AND
HUMAN SERVICES,*
Defendant - Appellee.
Appeal from the United States District Court
for the Central District of California
Cormac J. Carney, District Judge, Presiding
*
Kathleen Sebelius is substituted for her predecessor, Charles E.
Johnson, as Secretary of the Department of Health and Human Services under Fed.
R. App. P. 43(c)(2).
** This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
Submitted July 12, 2011 ***
Before: SCHROEDER, ALARCÓN, and LEAVY, Circuit Judges.
Dorothy Calabrese, M.D., appeals pro se from the district court’s order
dismissing her action alleging equal protection violations based on defendant’s
denial of Medicare reimbursements for food allergy testing and antigen
immunotherapy. We have jurisdiction under 28 U.S.C. § 1291. We review de
novo. Uhm v. Humana, Inc., 620 F.3d 1134, 1139-40 (9th Cir. 2010). We may
affirm on any ground supported by the record, Johnson v. Riverside Healthcare
Sys., LP, 534 F.3d 1116, 1121 (9th Cir. 2008), and we affirm.
The district court properly dismissed the action because, to the extent that
Calabrese exhausted her administrative remedies, she failed to state an equal
protection claim. See Engquist v. Or. Dep’t of Agric., 553 U.S. 591, 601-03 (2008)
(addressing “class of one” equal protection claim); Weinberger v. Salfi, 422 U.S.
749, 769-70 (1975) (addressing class-based equal protection claim).
Calabrese’s remaining contentions are unpersuasive.
AFFIRMED.
***
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2). Accordingly, Calabrese’s
request for oral argument is denied.
2 09-56553