# Wang v. United States Medical License Examination Secretariat

> Court of Appeals for the Second Circuit · November 21, 2006 · 206 F. App'x 67

URL: https://www.frixlaw.com/law-library/cases/8605278

## Case

- **Full name:** Michael J. WANG, M.D. v. UNITED STATES MEDICAL LICENSE EXAMINATION SECRETARIAT, Federation of State Medical Boards, National Board of Medical Examiners, Interested Parties
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** November 21, 2006
- **Citations:** 206 F. App'x 67
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Hall, Hon, Katzmann, Wesley
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8605278

## Opinion text

SUMMARY ORDER
Plaintiff-appellant Michael J. Wang, pro se, appeals from a judgment of the United States District Court for the Eastern District of New York (Seybert, J.) granting the defendants-appellees’ motion to dismiss his action for lack of capacity. We assume the parties’ familiarity with the underlying facts and procedural history.
The district court was correct to dismiss Wang’s suit, as the named defendant, United States Medical Licensing Examination (“USMLE”), lacked the capacity to sue or be sued under applicable New York state law. See Community Bd. 7 of Borough of Manhattan v. Schaffer, 84 N.Y.2d 148, 155-56 , 615 N.Y.S.2d 644 , 689 N.E.2d 1 (1994). USMLE is neither a business organization nor a governmental entity, or, for that matter, an organization at all, and is certainly an artificial entity, i.e. not a natural person. There is no New York statutory authority delineating the USMLE’s, or any similar entity’s, power *68 to sue or be sued, and thus no such power exists.
Accordingly, and for the foregoing reasons, the judgment of the district court is hereby AFFIRMED.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8605278. Public record. Not legal advice.