Herbert Clark, Jr. v. Charles Simpson, III

USCA4 Appeal: 24-7037 Doc: 22 Filed: 07/31/2025 Pg: 1 of 3 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 24-7037 HERBERT L. CLARK, JR., Plaintiff - Appellant, v. DR. CHARLES H. SIMPSON, III, DR. JOSEPH SHRAGER; DR. MAX A. HARRIS, JR., Defendants - Appellees, and CORRECTIONAL OFFICER BARNES; DR. CLAIR, Defendants. Appeal from the United States District Court for the Eastern District of North Carolina, at Raleigh. Louise W. Flanagan, District Judge. (5:22-ct-03252-FL) Submitted: June 18, 2025 Decided: July 31, 2025 Before GREGORY and BENJAMIN, Circuit Judges, and TRAXLER, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. USCA4 Appeal: 24-7037 Doc: 22 Filed: 07/31/2025 Pg: 2 of 3 Herbert L. Clark, Jr., Appellant Pro Se. Carrie Elizabeth Meigs, MICHAEL BEST & FRIEDRICH LLP, Raleigh, North Carolina; Kenneth L. Jones, CARRUTHERS & ROTH, PA, Greensboro, North Carolina; J. Matthew Little, TEAGUE, CAMPBELL, DENNIS & GORHAM, LLP, Raleigh, North Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 USCA4 Appeal: 24-7037 Doc: 22 Filed: 07/31/2025 Pg: 3 of 3 PER CURIAM: Herbert L. Clark, Jr., appeals the district court’s order granting summary judgment to Appellees on Clark’s 42 U.S.C. § 1983 complaint alleging deliberate indifference to his medical needs. Appellee Max Harris has moved this court to impose sanctions on Clark for filing a frivolous appeal. We have reviewed the record and find no reversible error, but we do not find that Clark’s appeal is frivolous. Accordingly, we deny Harris’s motion for sanctions and affirm the district court’s order. Clark v. Simpson, No. 5:22-ct-03252-FL (E.D.N.C., Sept. 27, 2024). 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 3