John R. Clark v. Benjamin F. Clark, Jr.

UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 25-1626
JOHN R. CLARK,
Plaintiff - Appellant,
v.
BENJAMIN F. CLARK, JR.; MORGAN WILLIAMS; USH CORPORATION;
ANY INSURANCE/BOND COMPANY WITH USH CORP.,
Defendants - Appellees.
Appeal from the United States District Court for the Western District of North Carolina, at
Charlotte. Max O. Cogburn, Jr., District Judge. (3:25-cv-00064-MOC-SCR)
Submitted: October 30, 2025 Decided: November 3, 2025
Before RUSHING and BENJAMIN, Circuit Judges, and KEENAN, Senior Circuit Judge.
Affirmed as modified by unpublished per curiam opinion.
John R. Clark, Appellant Pro Se. Edward A. Jesson, JESSON & RAINS, PLLC, Charlotte,
North Carolina; James Galvin, THURMAN, WILSON, BOUTWELL & GALVIN,
Charlotte, North Carolina, for Appellees.
Unpublished opinions are not binding precedent in this circuit.

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PER CURIAM:
John R. Clark appeals the district court’s order dismissing his civil complaint with
prejudice for lack of subject matter jurisdiction. We have reviewed the record and find no
reversible error. Accordingly, we affirm the district court’s order, Clark v. Clark, No.
3:25-cv-00064-MOC-SCR (W.D.N.C. May 20, 2025), as modified to reflect that the
dismissal of Clark’s complaint is without prejudice, see S. Walk at Broadlands
Homeowner’s Ass’n v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013)
(“A dismissal for lack of…subject matter jurisdiction…must be one without prejudice,
because a court that lacks jurisdiction has no power to adjudicate and dispose of a claim on
the merits.”). We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before this court and argument would not aid the
decisional process.
AFFIRMED AS MODIFIED

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