Jose Perez v. Texas Medical Board, 556 F. App'x 341

Pro se Jose Perez and Nancy Perez seek to enjoin the Texas Medical Board from filing actions in response to a patient complaint to the PAB.
PAB investigated, filed a formal complaint, and Perez refused to cooperate and missed an informal settlement conference.
After the informal conference, the matter was referred to SOAH for a contested case; Perez failed to appear and the ALJ dismissed on default.
The file was returned to the TMB and the PAB had not yet acted; Perez’s disciplinary proceeding remained pending.
The district court dismissed the suit under the Younger abstention doctrine, and the appellate court affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Younger abstention bars the suit	Perez argues ongoing state proceeding and state interest.	TMB contends Younger applies due to pending state proceeding.	Younger abstention applies; suit affirmed.

Life Partners Inc. v. United States, 650 F.3d 1026 (5th Cir. 2011) (mandates de novo review on 12(b)(1) dismissal; burden on plaintiff)
Randall D. Wolcott, M.D., P.A. v. Sebelius, 635 F.3d 757 (5th Cir. 2011) (burden on party asserting jurisdiction; standard for 12(b)(1))
Ass’n of Am. Physicians & Surgeons, Inc. v. Tex. Med. Bd., 627 F.3d 547 (5th Cir. 2010) (court reviews allegations as true for jurisdiction)
Hobbs v. Hawkins, 968 F.2d 471 (5th Cir. 1992) (limits on when dismissal is affirmed)
Middlesex County Ethics Comm. v. Garden State Bar Ass’n, 457 U.S. 423 (U.S. 1982) (extension of Younger to state administrative proceedings)
Wightman v. Tex. Supreme Court, 84 F.3d 188 (5th Cir. 1996) (elements of Younger abstention: ongoing proceeding, important state interest, opportunity to raise constitutional challenges)
Younger v. Harris, 401 U.S. 37 (U.S. 1971) (establishes Younger abstention doctrine)