IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
John D. Lynch II, ) C/A No.: 3:25-6143-CMC-SVH ) Plaintiff, ) ) vs. ) ) REPORT AND Legal Aid Society of Richmond and ) RECOMMENDATION Stephen Dixon, ) ) Defendants. ) )
John D. Lynch II (“Plaintiff”), proceeding pro se and in forma pauperis, filed this complaint against Legal Aid Society of Richmond (“Legal Aid”) and Stephen Dixon (“Dixon”) (collectively “Defendants”). Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civ. Rule 73.02(B)(2)(e) (D.S.C.), the undersigned is authorized to review such complaints for relief and submit findings and recommendations to the district judge. For the following reasons, the undersigned recommends this matter be summarily dismissed. I. Factual and Procedural Background Plaintiff alleges in April 2022, he was unable to vacate his apartment before the locks were changed due to his eviction. [ECF No. 1 at 5]. He claims he contacted Legal Aid of Richmond, completed a three-page application, but no counsel contacted him. . For relief, he seeks the termination of any federal funding, “eviction from John Marshall Courthouse,” and disbarment of Stephen Dixon. .
On June 30, 2025, the undersigned issued orders (1) directing Plaintiff to submit documents necessary to bring this case into proper form and (2) advising Plaintiff of the deficiencies of his complaint and permitting him until July 21, 2025, to file an amended complaint. [ECF Nos. 10, 11]. Plaintiff has
filed no responses. II. Discussion
A. Standard of Review Plaintiff filed his complaint pursuant to 28 U.S.C. § 1915, which permits an indigent litigant to commence an action in federal court without prepaying the administrative costs of proceeding with the lawsuit. To protect against possible abuses of this privilege, the statute allows a district court to dismiss a case upon a finding that the action fails to state a claim on which relief may
be granted or is frivolous or malicious. 28 U.S.C. § 1915(e)(2)(B)(i), (ii). A finding of frivolity can be made where the complaint lacks an arguable basis either in law or in fact. , 504 U.S. 25, 31 (1992). A claim based on a meritless legal theory may be dismissed sua sponte under 28 U.S.C.
§ 1915(e)(2)(B). , 490 U.S. 319, 327 (1989). A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Pro se complaints are held to a less stringent standard than those drafted by attorneys. , 574 F.2d 1147, 1151 (4th Cir. 1978). In evaluating
a pro se complaint, the plaintiff’s allegations are assumed to be true. ., 529 F.2d 70, 74 (2d Cir. 1975). The mandated liberal construction afforded to pro se pleadings means that if the court can reasonably read the pleadings to state a valid claim on which the plaintiff could prevail, it should
do so. A federal court is charged with liberally construing a complaint filed by a pro se litigant to allow the development of a potentially meritorious case. , 551 U.S. 89, 94 (2007). The requirement of liberal construction does not mean that the court can
ignore a clear failure in the pleading to allege facts that set forth a claim currently cognizable in a federal district court. ., 901 F.2d 387, 390–91 (4th Cir. 1990). Although the court must liberally construe a pro se complaint, the United States Supreme Court has made it
clear a plaintiff must do more than make conclusory statements to state a claim. , 556 U.S. 662, 677‒78 (2009); , 550 U.S. 544, 555 (2007). Rather, the complaint must contain sufficient factual matter, accepted as true, to state a claim that is plausible on
its face, and the reviewing court need only accept as true the complaint’s factual allegations, not its legal conclusions. , 556 U.S. at 678‒79. B. Analysis
1. Lack of subject matter jurisdiction
Federal courts are courts of limited jurisdiction, “constrained to exercise only the authority conferred by Article III of the Constitution and affirmatively granted by federal statute.” , 147 F.3d 347, 352 (4th Cir. 1998). Accordingly, a federal court is required, , to determine if a valid basis for its jurisdiction exists “and to dismiss the action if no such ground appears.” at 352; Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”). Although the absence of subject-matter jurisdiction
may be raised at any time during the case, determining jurisdiction at the outset of the litigation is the most efficient procedure. , 190 F.3d 648, 654 (4th Cir. 1999). There is no presumption that a federal court has jurisdiction over a case,
, 191 F.3d 394, 399 (4th Cir. 1999), and a plaintiff must allege facts essential to show jurisdiction in his pleadings. , 298 U.S. 178, 189–90 (1936); , 762 F.2d 348, 350 (4th Cir. 1985)
(“[P]laintiffs must affirmatively plead the jurisdiction of the federal court.”). When a complaint fails to include “an affirmative pleading of a jurisdictional basis[,] a federal court may find that it has jurisdiction if the facts supporting jurisdiction have been clearly pleaded.” , 191 F.3d at 399 (citations omitted). However, if the court, viewing the allegations in the
light most favorable to a plaintiff, finds insufficient allegations in the pleadings, the court will lack subject-matter jurisdiction. The two most commonly recognized and utilized bases for federal court jurisdiction are (1) diversity of citizenship pursuant to 28 U.S.C. § 1332, and
(2) federal question pursuant to 28 U.S.C. § 1331. The allegations contained in this complaint do not fall within the scope of either form of the court’s limited jurisdiction. Plaintiff indicated he is bringing this under “federal question”
jurisdiction. [ECF No. 1 at 3]. However, he fails to allege any federal cause of action and lists only “failure to represent, destruction of application.” . Therefore, the court does not have federal question jurisdiction over this case. While Plaintiff does not allege the court has jurisdiction pursuant to
diversity, he did complete the blank for the amount in controversy.
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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA
John D. Lynch II, ) C/A No.: 3:25-6143-CMC-SVH ) Plaintiff, ) ) vs. ) ) REPORT AND Legal Aid Society of Richmond and ) RECOMMENDATION Stephen Dixon, ) ) Defendants. ) )
John D. Lynch II (“Plaintiff”), proceeding pro se and in forma pauperis, filed this complaint against Legal Aid Society of Richmond (“Legal Aid”) and Stephen Dixon (“Dixon”) (collectively “Defendants”). Pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Civ. Rule 73.02(B)(2)(e) (D.S.C.), the undersigned is authorized to review such complaints for relief and submit findings and recommendations to the district judge. For the following reasons, the undersigned recommends this matter be summarily dismissed. I. Factual and Procedural Background Plaintiff alleges in April 2022, he was unable to vacate his apartment before the locks were changed due to his eviction. [ECF No. 1 at 5]. He claims he contacted Legal Aid of Richmond, completed a three-page application, but no counsel contacted him. . For relief, he seeks the termination of any federal funding, “eviction from John Marshall Courthouse,” and disbarment of Stephen Dixon. .
On June 30, 2025, the undersigned issued orders (1) directing Plaintiff to submit documents necessary to bring this case into proper form and (2) advising Plaintiff of the deficiencies of his complaint and permitting him until July 21, 2025, to file an amended complaint. [ECF Nos. 10, 11]. Plaintiff has
filed no responses. II. Discussion
A. Standard of Review Plaintiff filed his complaint pursuant to 28 U.S.C. § 1915, which permits an indigent litigant to commence an action in federal court without prepaying the administrative costs of proceeding with the lawsuit. To protect against possible abuses of this privilege, the statute allows a district court to dismiss a case upon a finding that the action fails to state a claim on which relief may
be granted or is frivolous or malicious. 28 U.S.C. § 1915(e)(2)(B)(i), (ii). A finding of frivolity can be made where the complaint lacks an arguable basis either in law or in fact. , 504 U.S. 25, 31 (1992). A claim based on a meritless legal theory may be dismissed sua sponte under 28 U.S.C.
§ 1915(e)(2)(B). , 490 U.S. 319, 327 (1989). A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). Pro se complaints are held to a less stringent standard than those drafted by attorneys. , 574 F.2d 1147, 1151 (4th Cir. 1978). In evaluating
a pro se complaint, the plaintiff’s allegations are assumed to be true. ., 529 F.2d 70, 74 (2d Cir. 1975). The mandated liberal construction afforded to pro se pleadings means that if the court can reasonably read the pleadings to state a valid claim on which the plaintiff could prevail, it should
do so. A federal court is charged with liberally construing a complaint filed by a pro se litigant to allow the development of a potentially meritorious case. , 551 U.S. 89, 94 (2007). The requirement of liberal construction does not mean that the court can
ignore a clear failure in the pleading to allege facts that set forth a claim currently cognizable in a federal district court. ., 901 F.2d 387, 390–91 (4th Cir. 1990). Although the court must liberally construe a pro se complaint, the United States Supreme Court has made it
clear a plaintiff must do more than make conclusory statements to state a claim. , 556 U.S. 662, 677‒78 (2009); , 550 U.S. 544, 555 (2007). Rather, the complaint must contain sufficient factual matter, accepted as true, to state a claim that is plausible on
its face, and the reviewing court need only accept as true the complaint’s factual allegations, not its legal conclusions. , 556 U.S. at 678‒79. B. Analysis
1. Lack of subject matter jurisdiction
Federal courts are courts of limited jurisdiction, “constrained to exercise only the authority conferred by Article III of the Constitution and affirmatively granted by federal statute.” , 147 F.3d 347, 352 (4th Cir. 1998). Accordingly, a federal court is required, , to determine if a valid basis for its jurisdiction exists “and to dismiss the action if no such ground appears.” at 352; Fed. R. Civ. P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”). Although the absence of subject-matter jurisdiction
may be raised at any time during the case, determining jurisdiction at the outset of the litigation is the most efficient procedure. , 190 F.3d 648, 654 (4th Cir. 1999). There is no presumption that a federal court has jurisdiction over a case,
, 191 F.3d 394, 399 (4th Cir. 1999), and a plaintiff must allege facts essential to show jurisdiction in his pleadings. , 298 U.S. 178, 189–90 (1936); , 762 F.2d 348, 350 (4th Cir. 1985)
(“[P]laintiffs must affirmatively plead the jurisdiction of the federal court.”). When a complaint fails to include “an affirmative pleading of a jurisdictional basis[,] a federal court may find that it has jurisdiction if the facts supporting jurisdiction have been clearly pleaded.” , 191 F.3d at 399 (citations omitted). However, if the court, viewing the allegations in the
light most favorable to a plaintiff, finds insufficient allegations in the pleadings, the court will lack subject-matter jurisdiction. The two most commonly recognized and utilized bases for federal court jurisdiction are (1) diversity of citizenship pursuant to 28 U.S.C. § 1332, and
(2) federal question pursuant to 28 U.S.C. § 1331. The allegations contained in this complaint do not fall within the scope of either form of the court’s limited jurisdiction. Plaintiff indicated he is bringing this under “federal question”
jurisdiction. [ECF No. 1 at 3]. However, he fails to allege any federal cause of action and lists only “failure to represent, destruction of application.” . Therefore, the court does not have federal question jurisdiction over this case. While Plaintiff does not allege the court has jurisdiction pursuant to
diversity, he did complete the blank for the amount in controversy. He states his damages are impossible to estimate and include “family heirlooms, furniture, books, DVDs.” . at 5. The diversity statute, 28 U.S.C. § 1332(a), requires complete diversity of parties and an amount in controversy in excess
of $75,000. Given Plaintiff’s failure to allege the court has diversity jurisdiction and fails to allege an amount in controversy, it appears the court does not have diversity jurisdiction. 2. Insufficient Allegations1 Plaintiff has failed to meet the minimal standards for the filing of a
complaint. A civil action is commenced by filing a complaint with the court. Fed. R. Civ. P. 3. Pursuant to Fed. R. Civ. P. 8(a), a pleading that states a claim for relief must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” Plaintiff provided a short, plain statement, but
his statement does not show he is entitled to relief. ECF No. 1. Plaintiff’s allegation that he completed an application with Legal Aid does not show that Legal Aid had a duty to represent him or formed an agreement to represent him. Further, Plaintiff does not make any allegations specific to Dixon.
Plaintiff makes only conclusory allegations of violations of the law, but provides no factual allegations to support these conclusions. Plaintiff’s complaint is subject to summary dismissal for failure to meet the minimal requirements for the filing of a complaint.
III. Conclusion and Recommendation For the foregoing reasons, the undersigned recommends this case be dismissed without further leave for amendment.
1 Assuming Plaintiff’s complaint is sufficient to give the subject matter jurisdiction, the complaint is subject to summary dismissal on the merits. IT IS SO RECOMMENDED. PP feadger” July 25, 2025 Shiva V. Hodges Columbia, South Carolina United States Magistrate Judge The parties are directed to note the important information in the attached “Notice of Right to File Objections to Report and Recommendation.”
Notice of Right to File Objections to Report and Recommendation
The parties are advised that they may file specific written objections to this Report and Recommendation with the District Judge. Objections must specifically identify the portions of the Report and Recommendation to which objections are made and the basis for such objections. “[I]n 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.’” , 416 F.3d 310 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
Specific written objections must be filed within fourteen (14) days of the date of service of this Report and Recommendation. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Fed. R. Civ. P. 6(a), (d). Filing by mail pursuant to Federal Rule of Civil Procedure 5 may be accomplished by mailing objections to:
Robin L. Blume, Clerk United States District Court 901 Richland Street Columbia, South Carolina 29201
Failure to timely file specific written objections to this Report and Recommendation will result in waiver of the right to appeal from a judgment of the District Court based upon such Recommendation. 28 U.S.C. § 636(b)(1); , 474 U.S. 140 (1985); , 766 F.2d 841 (4th Cir. 1985); , 727 F.2d 91 (4th Cir. 1984).