# Jemsek v. North Carolina Medical Board

> Court of Appeals for the Fourth Circuit · September 22, 2017 · 697 F. App'x 234

URL: https://www.frixlaw.com/law-library/cases/8683219

## Case

- **Full name:** Joseph JEMSEK, M.D. v. NORTH CAROLINA MEDICAL BOARD Janelle R. Rhyne, M.D., individually and in her official capacity as past member of the Board Robert Moffatt, M.D., individually and in his official capacity as past member of the Board H. Arthur McCulloch, M.D., individually and in his official capacity as past member of the Board Aloisius P. Walsh, individually and in his official capacity as past member of the Board E. K. Fretweel, Ph.D., individually and in his official capacity as past member of the Board Michael E. Norins, M.D., individually and in his official capacity as past member of the Board George L. Saunders, III, M.D., individually and in his official capacity as past member of the Board Sarvaresh Sathiraju, M.D., individually and in his official capacity as past member of the Board Dicky S. Walia, individually and in his official capacity as past member of the Board Ralph Loomis, M.D., individually and in his official capacity as past member of the Board Don Jablonski, M.D., individually and in his official capacity as past member of the Board Cheryl Walker-McGill, M.D., individually and in her official capacity as a member of the Board Pascal Udekwu, M.D., individually and in his official capacity as a member of the Board Helen Diane Meelheim, FNP-BC, individually and in her official capacity as a member of the Board Subhash Gumber, M.D., Ph.D, individually and in his official capacity as a member of the Board Timothy E. Lietz, M.D., individually and in his official capacity as a member of the Board Debra A. Bolick, M.D., individually and in her official capacity as a member of the Board Eleanor E. Greene, M.D., individually and in her official capacity as a member of the Board Barbara E. Walker, D.O., individually and in her official capacity as a member of the Board A. Wayne Holloman, Public Member individually and in her official capacity as a member of the Board Michael J. Arnold, MBA, individually and in his official capacity as member of the Board Bryant A. Murphy, M.D., MBA, individually and in his official capacity as member of the Board Ralph A. Walker, LLB, JD, individually and in his official capacity as member of the Board
- **Court:** Court of Appeals for the Fourth Circuit
- **Decided:** September 22, 2017
- **Citations:** 697 F. App'x 234
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Duncan, Wilkinson, Wynn
- **Cited by:** 1 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/8683219

## Opinion text

Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
This case is Joseph Jemsek’s third attempt to have a court undo disciplinary actions taken against him by the North Carolina Medical Board (“NCMB”) in 2006 and 2008. See Jemsek v. Rhyne, 662 Fed.Appx. 206, 208-09 (4th Cir. 2016) (No. 15-1420). Jemsek appeals the district court’s order dismissing his complaint on the grounds that his antitrust claims were barred by the Eleventh Amendment and he lacked standing to raise claims against the former NCMB members and the current NCMB members in their individual capacities, and denying Jemsek leave to file a second amended complaint. We have reviewed the record and find no reversible error. Accordingly, we affirm for the reasons stated by the district court. Jemsek v. N.C. Med. Bd., No. 5:16-cv-00059-D, 2017 WL 696721 (E.D.N.C. Feb. 21, 2017). 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

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8683219. Public record. Not legal advice.