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HARLINE v. DRUG ENFORCEMENT ADMIN.

No. 97-4052.

148 F.3d 1199 (1998)

Wesley G. HARLINE, M.D., a licensed physician, Plaintiff-Appellant, v. DRUG ENFORCEMENT ADMINISTRATION, an agency of the United States Government; Thomas A. Constantine, Administrator, Drug Enforcement Administration; Gene R. Haislip, Deputy Assistant Administrator, Drug Enforcement Administration; Mary Ellen Bittner, Administrative Law Judge, Drug Enforcement Administration, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 22, 1998.

Attorney(s) appearing for the Case

J. Bruce Reading (Wesley D. Hutchins with him on the brief), Scalley & Reading, P.C., Salt Lake City, Utah, for Plaintiff-Appellant.

E. Roy Hawkens, Attorney, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.(Scott M. Matheson, Jr., United States Attorney, and Bill Ryan, Assistant United States Attorney, Salt Lake City, Utah, on the brief) for Defendants-Appellees.

Before SEYMOUR, Chief Judge, EBEL and KELLY, Circuit Judges.

PAUL KELLY, Jr., Circuit Judge.

Plaintiff-Appellant Wesley G. Harline, M.D., challenged the constitutionality of administrative proceedings to revoke his registration to prescribe controlled substances. He appeals from the dismissal of his procedural due process claims and from the denial of preliminary injunctive relief. We have jurisdiction pursuant to 28 U.S.C. § 1291 and vacate the judgment and remand with instructions to dismiss all claims without prejudice...

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