JOSEPH JEMSEK v. NORTH CAROLINA MEDICAL BOARD JANELLE RHYNE ROBERT MOFFATT ARTHUR MCCULLOCH ALOISIUS WALSH FRETWEEL MICHAEL NORINS GEORGE SAUNDERS III SARVARESH SATHIRAJU DICKY WALIA RALPH LOOMIS DON JABLONSKI CHERYL WALKER MCGILL PASCAL UDEKWU HELEN DIANE MEELHEIM FNP BC SUBHASH GUMBER TIMOTHY LIETZ DEBRA BOLICK ELEANOR GREENE BARBARA WALKER WAYNE HOLLOMAN MICHAEL ARNOLD MBA BRYANT MURPHY MBA RALPH WALKER LLB JD

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United States Court of Appeals, Fourth Circuit.

JOSEPH JEMSEK, M.D., Plaintiff - Appellant, 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, Defendants - Appellees.

No. 17-1307

Decided: September 22, 2017

Before WILKINSON, DUNCAN, and WYNN, Circuit Judges. Jacques G. Simon, JACQUES G. SIMON ATTORNEY AT LAW, Jericho, New York, for Appellant. Stephen D. Feldman, Paul M. Cox, ELLIS & WINTERS LLP, Raleigh, North Carolina; Steven A. Scoggan, ELLIS & WINTERS LLP, Greensboro, North Carolina; Andrew H. Erteschik, POYNER SPRUILL LLP, Raleigh, North Carolina; J.M. Durnovich, POYNER SPRUILL LLP, Charlotte, North Carolina, for Appellees.

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 F. App'x 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 (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

PER CURIAM: