USCA4 Appeal: 25-1626 Doc: 21 Filed: 11/03/2025 Pg: 1 of 2

UNPUBLISHED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Affirmed as modified by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit. USCA4 Appeal: 25-1626 Doc: 21 Filed: 11/03/2025 Pg: 2 of 2

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,

(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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