Appeal to State Bar of California

On March 7, 2013, Dr. Sheikh attended the meeting of Board of Trustees of the State Bar of California in Sacramento, California. Dr. Sheikh explained the legal challenges faced by the physicians and requested help from the members of the State Bar to restore Physicians Access to Justice (letter included). Sheikh family flyers were also distributed.

March 7, 2013 July 2011 July 2010

Access to Justice Access to Justice Shall State Attorney General Comply with the Rules of the State Bar of California?

Dr. Sheikh is the first physician who pleaded that the Rules of the State Bar are relevant to discipline of physicians. That was because the attorneys representing the Medical Board and County of San Joaquin denied compliance with the Judges orders, an unprofessional conduct subject to immediate revocation of attorneys license.

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PROTECTION of PUBLIC or VIOLATION of RIGHTS?

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Initiating Discussion on Selective Regulation of Professionals

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Physicians For Fairness

PO Box 7978 Stockton CA 95267 Email: physicianforfairness@gmail.com
Respectable Patrick M. Kelly President, State Bar of California & Officers & Members, State Bar of California Subject: Access to Justice for Physicians of California Respectable President, Officers and Members, I want to bring an important issue to your kind attention; an issue faced by Physicians of California. The physicians in the state of California are unable to find attorneys to represent them in the Courts of law to assert their Core Constitutional Right to practice their profession without undue interference by the Medical Board

Date: March 7, 2013

(physicians are able to retain attorneys only for the administrative hearing process).

As you know that the practice of Medicine is regulated in our State and the Regulations are executed by the Medical Board of California. The Medical Board can deprive a physician from ones Right to practice medicine via an interim suspension order without any accusations and without any hearing. In the hearing process, the Board assumes that a physician is guilty until proven innocent. A physician cannot prove innocence in the hearing process because the Board brings accusations, the Board acts as a Judge and jury; and then the Board refuses to review the record that is available before the Board. A Physicians Right to Appeal the adverse decision of the Medical Board has been replaced by a Petition where physicians do not have Right to hearing at all. The issues are so disturbing that several members of the Medical Board of California have resignations. We attended a seminar at the federal Court for Constitutional Rights of Prisoners. We joined ACLU on their Bus tour for Constitutional Rights of illegal immigrants. We are seeking everyones attention for restoring Constitutional Rights of Physicians in the state of California. In this regards, the State Bar of California can help restore Access to Justice for physicians by motivating attorneys to assert Constitutional Rights of physicians. We are grateful for your very kind attention. Respectfully Submitted, Rehan Sheikh
Please review the Section Modern Era of Discipline of physicians (Farzana Sheikh v Medical Board. CA9)

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Presented at State Bar Public Meeting, Sacramento, California

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From: Rehan Sheikh [mailto:rehansheikh@yahoo.com] Sent: Friday, July 01, 2011 4:34 PM To: William N. Hebert Cc: jchairez@bakerlaw.com; Angela.davis.ca@gmail.com; micha@libertylaw.com; mt@post.harvard.edu; jamesaguirre@sbcglobal.net; francisco.gomez@calbar.ca.gov; wgailey@gaileyassociates.com; Jstreeter@KVN.com; lowell.carruth@mccormickbarstow.com; george@davisbroadband.com; CGehlbac@placer.ca.gov; bjusticeh@aol.com; lk@kievelaw.com; dennismangers@aol.com; gnelson@kreindler.com; Alec.chang@skadden.com; English@jeannineenglish.com; kgoodman@goodman-law.com; patrick.kelly@wilsonelser.com; wbl@cox.net; lrodriguez@pubdef.lacounty.gov; rehansheikh@yahoo.com; MBC_Physician_License@yahoogropus.com

Subject: Fw: Cisco Systems, Medical Board and Sheikh Family___TRUTH REVEALED

Jul 1, 2011 President of State Bar of California, Officers & Members of the State Bar, Dr. Sheikh is requesting support for her and for all the physicians of California. The Madam President of the Medical Board has suggested physicians to go outside California if they want to get a hearing in the Court against the Medical Board (Public Meeting of the Medical Board May 6, 2011). We are grateful to the members of the Medical Board who have supported Dr. Sheikh. We will be very glad to provide more details to seek help/ representation from a qualified counsel. Oral arguments have not been scheduled yet though the briefs have been submitted with the 9th Cir. Court of appeals. Happy 4th to every one. Best Regards, Rehan Sheikh =============================== Rehan Sheikh PO Box 869 French Camp CA 95231 Phone (209) 982 9039 Email: rehansheikh@yahoo.com

Rehan Sheikh PO Box 869 French Camp CA 95231 Phone (209) 982 9039 Email: rehansheikh@yahoo.com Date: July 13, 2010 VIA EMAIL and Facsimile Howard B. Miller, Esq. President, State Bar of California Girardi & Keese 1126 Wilshire Boulevard Los Angeles, CA 90017 Phone: 213-977-0211 FAX: 213-481-1554 hmiller@girardikeese.com Subject: Shall Office of State Attorney General Comply with the Rules of the State Bar? Ref: Denial of Application for Physicians License by the Medical Board: Farzana Sheikh, M.D.

Dear Mr. Miller, The Medical Board of California denied above referenced physicians application for physicians and Surgeons license. During the administrative hearing, a Judge with the California Office of Administrative Hearings ordered the Medical Board of California to provide certain documents to Dr. Sheikh by August 9, 2009. Unfortunately, Office of State Attorney General has improperly denied compliance with the Judges orders. As a result, Dr. Sheikh after successfully receiving Certificate of Residency training by the University of California at Davis, is without a license to practice Medicine in the State of California. The population of San Joaquin County declared underserved and critically in need of primary care physicians is improperly deprived of access to healthcare. The denial of Dr. Sheikhs application for physicians and surgeons license is arbitrary and no reason is given by the State. The State does not dispute that Dr. Sheikh is eligible for license. Prior to denial of Dr. Sheikhs application for license by the State Medical Board, I (Dr. Sheikhs husband) had worked for Cisco Systems Inc. in San Jose California where I had opposed Disability Discrimination. Dr. Sheikh appeared before State Courts on multiple occasions since denial of her application for license but the State Courts denied a merit hearing on procedural basis on each occasion. In January Dr. Sheikh submitted a Petition with Eastern District of California seeking an order reversing arbitrary denial of her application for license. Dr.

Letter to President, State Bar of California Subject: Shall Office of State Attorney General comply with rules of the State Bar July 13, 2010 Page 2 of 4

Sheikh is waiting for merit hearing with that Court since then. The District Court (E.D. California) has local rules that prohibit Dr. Sheikh (a plaintiff in pro per) to appear before the District Judge. Dr. Sheikh has submitted a Motion to Compel (2010 WL 2205986 & Exhibits attached) to secure the above referenced documents. Dr. Sheikh is seeking a counsel for pleading the Motion with the District Court and she is requesting the State Bar to offer referrals to attorneys with a focus for client. This is likely that several actions of the State may shock the conscience of every reasonable mind. The Office of State Attorney General does not offer any explanation for the actions of the state (answer to Petition) rather only demands the Court not to grant a review on Dr. Sheikhs petition. Though the Office of State Attorney General is providing private legal services to the Medical Board by charging for the legal services, the Attorney General insists to plead against Dr. Sheikh in his official capacity. Can the Office of State Attorney General request the Court not to review Dr. Sheikhs petition on merit, in his official capacity or in his private capacity as legal counsel for the Medical Board, without violating rules of the State Bar and without violating Dr. Sheikhs Constitutional Rights? Dr. Sheikh believes that California Business and Professional Code section 2335 violates Constitutional Right to Due Process and Dr. Sheikh is requesting a Declaratory Relief from the Federal Court. Dr. Sheikh believes that the Members of the Medical Board of California be allowed to review the records relevant to discipline of physicians before making disciplinary decisions. Most members of the Medical Board are physicians and they are appropriate experts on matters relevant to quality of care provided by physicians. Presently the State gives an option to Members of Medical Board of California to make a disciplinary decision via a ballot without reviewing records. Initially a disciplinary matter is heard by a hearing officer with the office of administrative hearing for fact findings and to save time for the members of the Medical Board. Hearing Officers of the Medical Board are licensed with the State Bar with the title of Administrative Law Judges. Clearly, the Courts have recognized that the Medical Board is independent. No one may represent Medical Board of California more than the members of the Medical Board. So far the State has submitted an opposition relying on First Morgan Case, Morgan v. U.S. (56 S.Ct 906, 1936) while Dr. Sheikh intends to rely on Second Morgan Case (58 S.Ct 999, 1938) in which the Court reached the merits of the Due Process. Morgan Court stated;

Letter to President, State Bar of California Subject: Shall Office of State Attorney General comply with rules of the State Bar July 13, 2010 Page 3 of 4

The hearing is designed to afford the safeguard that the one who decides shall be bound in good conscience to consider the evidence. Earlier this year, the respectable Members of the Medical Board of California requested investigations into the Practices of the Medical Board (Attached). This remains to be seen when the Medical Board will offer relief to my wife. Will the State Bar loosely monitor or strictly monitor compliance with rules of the State Bar, by the legal professional licensed with the State Bar, when the legal professionals participate in the legal proceedings regarding the licensing matters especially licensing of physicians? Dr. Sheikh hopes that every attorney licensed with the State Bar may comply with the rules and standards of the Bar whether the attorney works for the State or otherwise. This is my understanding that the members of the State Bar may not disregard judges orders and the State Bar can compel attorneys licensed with the Bar to comply with a Judges orders. Dr. Sheikh requests that the State Bar provide one more opportunity to the Office of State Attorney General to provide all the requested documentation to Dr. Sheikh before proposing any disciplinary action. The purpose of discipline (if unavoidable) is not to punish the Attorney General rather that will be only for protection of public. On behalf of my wife, I am requesting your kind and generous help including legal. Please feel free to contact me or Dr. Sheikh directly for any further information. Respectfully Submitted,

Rehan Sheikh Husband of Dr. Sheikh

Letter to President, State Bar of California Subject: Shall Office of State Attorney General comply with rules of the State Bar July 13, 2010 Page 4 of 4

Mailing List: Officers of the State Bar of California Except Respectable Ms Linda White, Esq.; Littler Mendelson represents Cisco Systems Inc in the above referenced matter) Members of State Bar of California Office of Chief Trial Counsel, State Bar of California Executive Staff and Members of Medical Board of California Senator Gloria Negrete McLeod Chair, Senate Committee on Business Professional and Economic Development Senator Ellen Corbert Chair, Senate Committee on Judiciary

Sheikh Family Seeking Legal Help

Farzana Sheikh v Medical Board of California
Request for Extension Submitted with the US Supreme Court Denial of License to practice Medicine

Rehan Sheikh v Cisco Systems Inc

Brief Due in the US Supreme Court (Apr 6, 2013) Disability Discrimination, Failure to Accommodate Flyers Distributed

The State Bar of California Mar 7, 2013 Board of Trustees Meeting, Sacramento, California July 2, 2010 First Appeal (Letter, no flyers) American Civil Liberties Union (ACLU) April 22, 2012 Bus Tour to Restore Constitutional Rights of Immigrants The Northern District of California San Francisco (Ceremonial Court Room) April 26, 2012 Three judges perspective on Federal Practice (*) Jan 24, 2012 1983 Training Seminar (Constitutional Rights of Prisoners) California Employment Lawyers Association Oct 1-3, 2009 22nd Annual Conference, Oakland, California Oct 29, 2011 24th Annual Conference, Monterey, California Caesar's Medical Association formerly California Medical Association(CMA) Apr 5, 2011 37th Annual Legislative Conference, Sacramento, California Apr 17, 2012 38th Annual Legislative Conference, Sacramento, California(*) American Association of Physicians and Surgeons (AAPS) Oct 3-5, 2012 69th Annual Meeting, San Diego, California Pacific McGeorge School of Law, Sacramento, California 2012.09.04 International Jurists Speaker Series Stockton City Council, San Joaquin County Board of Supervisors, & 2012 Election Campaign meetings for Local, State and Congress Representatives

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Initiating Discussion on Selective Regulation of Physicians

How Hospitals Treat Physician ? Stanford School of Medicine Medical Board of California denied a Resident physicians license who was working at Stanford. Stanford called their attorneys to help the Resident physician. Stanford requested help from their Representative in the United States Congress so that the resident physician be licensed. That Resident Physician at Stanford was licensed without any delay. San Joaquin General Hospital (County Hospital) Medical Board of California denied a Resident physicians license who was working at SJGH. SJGH denied Resident Physicians Request for a copy of her own Residency Records. SJGH, then, denied compliance with an Administrative Law Judges orders for a copy of Residents Records allegedly on the instructions of their attorneys. When Resident Requested that SJGH comply with the Judges orders, SJGH sent Security personnel at the Residents cottage demanding that Resident leave the premises within five days. SHGH, then, sent locksmith, fire engine along with multiple security & police cars and possessed the cottage by force without a Court order. The Residents family lived at a nearby Hotel for two months. SJGH has withheld the Residents paychecks until today (SJGH Claims that there was no mail box at the residents cottage). These are a few of the least uncivilized actions taken against the Resident Physician.
Distributed at SJGH Advisory Committee Monthly Meeting (August 10, 2011)

PROTECTION of PUBLIC OR VIOLATION of RIGHTS?

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MEDICAL BOARD AND CISCO SYSTEMS (San Jose) Medical Board denied Dr. Sheikhs application for Physicians License because her husband filed a lawsuit against Cisco Systems. Dr. Sheikh successfully completed Family Practice Residency training and received a certificate of Residency Completion from U.C. Davis. Dr. Sheikh has recommendations from University of Texas and Stanford School of Medicine. Board accused Dr. Sheikh of incompetence then Board changed its story. Board falsely accused Dr. Sheikh of incorrectly submitting application form. On July 27, 2009 Administrative Law Judge signed orders for Board to release a copy of Application forms. The Board has denied compliance with Judges orders (because Boards story is a fiction). Members of the Board initiated an investigation on Business Practices of the Board. Can the Board stand against Corporate Power and let Dr. Sheikh to practice her profession??? COMPOSITION OF THE BOARD IS A PROBLEM Current Chief of Licensing of Medical Board was a licensing expert for used Auto vehicles. Now he is an authority to license physicians. Ex President of Board has correctly suggested in his speech that the Board Members should be appointed on merit. LICENSING LAWS ARE UNFAVORABLE TO PHYSICIANS The Board Members are not allowed to review records before proposing a disciplinary decision. (B&P Code 2335). That violates Constitutional Right to Due Process (Fourteenth Amendment). Currently Board can propose any punishment to any physician (B&P Code 2227). That law violates Eight Amendment of the Constitution. With such logic, a person guilty of traffic violation can be punished to capital sentence. Dr. Sheikh has filed a Brief (Legal Arguments) with the Ninth Circuit Court of Appeals to Invalidate both laws unfavorable to Physicians. We the Physicians must speak with one voice before the Esteemed Court if we want to protect our rights. Please convey Dr. Sheikhs request for support to every organization representing physicians.
Distributed at 37th CMA Annual Legislative Conference (Apr 5, 2011)

Rehan Sheikh, P.O, Box 7978 Stockton CA 95267---rehansheikh@yahoo.com; (209) 475.1263

Did the Medical Board Resign?

o

7 members of the Medical Board Resigned (mid 2011) MBC has yet to issue an Explanation of Resignations

o July 2011 Quarterly Meeting of the Medical Board commenced

without meeting quorum (Web Update May 1, 2012).

o Governor appointed two new members to meet quorum. o This is deemed that the Members refused to be part of a

malicious scheme to discipline innocent physicians.

o Did the Medical Board delivered decision of denial of Dr.

Sheikhs license in violation of Mail Fraud? (Web Update May 15, 2012).

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PROTECTION of PUBLIC or VIOLATION of RIGHTS?

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Initiating Discussion on States Self Assumed Power to Selectively Regulate Physicians

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Distributed at 38th CMA Annual Legislative Conference (Apr 17, 2012)