Brown et al v. First Citizens Bank

Filing 17

ORDER RULING ON REPORT AND RECOMMENDATION adopting 14 Report and Recommendation, terminating as premature 5 Motion for Summary Judgment, filed by Orlando Ira Brown, terminating as moot 3 Motion for Leave to Proceed in forma pauperis, filed by Orlando Ira Brown. Signed by Honorable Margaret B Seymour on 9/24/2018. (mdea )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Orlando Ira Brown, on behalf of
International Recovery Services, LLC;

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Plaintiffs,
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vs.
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First Citizens Bank,
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Defendant.
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C/A No. 3:18-1383-MBS

ORDER AND OPINION

On May 21, 2018, Plaintiff Orlando Ira Brown, proceeding pro se and “on behalf of” Plaintiff
International Recovery Services, LLC, filed a complaint against Defendant First Citizens Bank.
Plaintiff alleges that he was denied business transactions and issued a trespass notice. Plaintiff
Brown also filed a motion for summary judgment on May 21, 2018, asserting that he was denied
services by Defendant because of his mental disability and is entitled to damages as a matter of law.
In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this matter was referred
to United States Magistrate Judge Paige J. Gossett for pretrial handling. The Magistrate Judge
reviewed the allegations of the complaint and noted that Plaintiff Brown is not an attorney and that
corporate entities may not proceed pro se. On July 9, 2018, the Magistrate Judge issued an order
directing Plaintiff International Recovery Services, LLC to obtain counsel within thirty days. No
action being taken, the Magistrate Judge issued a Report and Recommendation on August 29, 2018.
The Magistrate Judge recommended that any claims the corporate entity may be attempting to raise
in the complaint be dismissed without prejudice. In addition, the Magistrate Judge determined that
Plaintiff Brown should be dismissed because he appears to be acting as counsel for Plaintiff

International Recovery Services, LLC, but is not an attorney and is without standing to bring any
claims on behalf of Plaintiff International Recovery Services, LLC. In addition, the Magistrate Judge
determined that Plaintiff’s asserted basis for jurisdiction is the Americans with Disabilities Act, 42
U.S.C. §§ 12101 et seq. (“ADA”); however, the complaint alleges no facts relating to an ADA
violation. The Magistrate Judge also determined that Plaintiff Brown’s claims, to the extent they
are brought in his individual capacity, should be dismissed as frivolous. The Magistrate Judge
therefore recommended that the complaint be summarily dismissed for lack of prosecution and lack
of subject matter jurisdiction. Plaintiffs filed no response to the Report and Recommendation.
The Magistrate Judge makes only a recommendation to this court. The recommendation has
no presumptive weight. The responsibility for making a final determination remains with this court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). This court may accept, reject, or modify, in whole
or in part, the findings or recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1).
This court may also receive further evidence or recommit the matter to the Magistrate Judge with
instructions. Id. In the absence of a timely filed objection, a district court need not conduct a de
novo review, but instead must “only satisfy itself that there is no clear error on the face of the record
in order to accept the recommendation.” Diamond v. Colonial Life & Ace. Ins. Co., 416 F.3d 310,
315 (4th Cir. 2005).
The court has thoroughly reviewed the record. The court concurs in the Report and
Recommendation and incorporates it herein by reference. Plaintiffs’ complaint is summarily
dismissed for lack of prosecution and lack of subject matter jurisdiction. Plaintiff Brown’s motion

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for leave to proceed in forma pauperis (ECF No. 2) is terminated as moot. Plaintiff Brown’s motion
for summary judgment (ECF No. 5) is terminated as premature.
IT IS SO ORDERED.

/s/ Margaret B. Seymour
Senior United States District Judge
Columbia, South Carolina
September 24, 2018

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