Calabrese v. U.S. Department of Health & Human Services

446 F. App'x 47

Opinion

MEMORANDUM ***

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 Cala-brese 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, 128 S.Ct. 2146, 170 L.Ed.2d 975 (2008) (addressing “class of one” equal protection claim); Weinberger v. Salfi, 422 U.S. 749, 769-70, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975) (addressing class-based equal protection claim).

Calabrese’s remaining contentions are unpersuasive.

AFFIRMED.

*** This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.