MCGRAW v. GORE

No. 20-7539.

31 F.4th 844 (2022)

Patrick Ryan MCGRAW, Plaintiff-Appellant, v. Theresa C. GORE; Nancy J. Wargas, Defendants-Appellees, and Kimberly C. Wynn; John Does, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: April 19, 2022.


Attorney(s) appearing for the Case

ARGUED: David William McDonald , HICKS, MCDONALD & NOECKER, LLP, Greensboro, North Carolina, for Appellant. Alex Ryan Williams , NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees. ON BRIEF: Joshua H. Stein , Attorney General, NORTH CAROLINA DEPARTMENT OF JUSTICE, Raleigh, North Carolina, for Appellees.

Vacated and remanded by published opinion. Judge Harris wrote the opinion, in which Judge Richardson and Judge Quattlebaum joined.


Patrick Ryan McGraw filed this 42 U.S.C. § 1983 action alleging that he was provided inadequate medical care during a health crisis he experienced while incarcerated in a North Carolina prison. The district court dismissed his lawsuit on timeliness grounds after finding that McGraw's amended complaint, filed after...

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