Christopher Osaigbovo v. Bank of America Corporation , 671 F. App'x 772 ( 2016 )


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  •          Case: 15-15247    Date Filed: 12/20/2016   Page: 1 of 4
    [DO NOT PUBLISH]
    IN THE UNITED STATES COURT OF APPEALS
    FOR THE ELEVENTH CIRCUIT
    ________________________
    No. 15-15247
    Non-Argument Calendar
    ________________________
    D.C. Docket No. 1:15-cv-02868-TWT
    UNITED CONSOLIDATED ACCOUNTING & BUSINESS SERVICES,
    Plaintiff,
    CHRISTOPHER OSAIGBOVO,
    Plaintiff-Appellant,
    versus
    BANK OF AMERICA CORPORATION,
    CHEX SYSTEM,
    EARLY WARNING SERVICES LLC,
    Defendants-Appellees.
    ________________________
    Appeal from the United States District Court
    for the Northern District of Georgia
    ________________________
    (December 20, 2016)
    Case: 15-15247     Date Filed: 12/20/2016   Page: 2 of 4
    Before WILLIAM PRYOR, MARTIN and ANDERSON, Circuit Judges.
    PER CURIAM:
    Christopher Osaigbovo, the owner of United Consolidated Accounting &
    Business Services, appeals pro se the dismissal of his complaint against Bank of
    America Corporation and Early Warning Services LLC, and the denial of his
    motion to alter or amend that judgment. Osaigbovo does not contest the dismissal
    of his complaint against Chex System. The district court ruled that Osaigbovo’s
    claims about the negligence of and defamation by the Bank and Early Warning
    Services were untimely and failed to state a claim. We affirm.
    We review de novo the dismissal of a complaint for failure to state a claim
    and for being untimely. See Timson v. Sampson, 
    518 F.3d 870
    , 872 (11th Cir.
    2008); Berman v. Blount Parrish & Co., 
    525 F.3d 1057
    , 1058 (11th Cir. 2008). We
    review the denial of a motion to alter or amend a judgment for abuse of discretion.
    Arthur v. King, 
    500 F.3d 1335
    , 1343 (11th Cir. 2007)
    Osaigbovo has abandoned any challenge that he could have made to the
    dismissal of his complaint of defamation. “[T]he law is by now well settled in this
    Circuit that a legal claim or argument that has not been briefed before the court is
    deemed abandoned and its merits will not be addressed.” Holland v. Gee, 
    677 F.3d 1047
    , 1066 (11th Cir. 2012) (quoting Access Now, Inc. v. Sw. Airlines Co., 
    385 F.3d 1324
    , 1330 (11th Cir. 2004)). Osaigbovo does not dispute that he failed
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    timely to pursue his complaint that he was defamed when the Bank released
    information about the closure of his bank accounts to “reporting agencies.” See Ga.
    Code § 9-3-33. We deem abandoned any argument that Osaigbovo could have
    made against the dismissal of his complaint of defamation.
    Osaigbovo argues that the district court erred by dismissing his complaint of
    negligence as barred by the two-year statute of limitation, see id., but Osaigbovo
    has waived this argument. Rule of Appellate Procedure 28(a) requires Osaigbovo
    to include in his brief his “contentions and reasons for them, with citations to the
    authorities and parts of the record on which [he] relies.” See Fed. R. App. P.
    28(a)(8)(A). Osaigbovo thrice states that his complaint of negligence had a “statute
    of limitation of four years,” but he fails to explain why a longer limitations period
    applies to his cause of action. Osaigbovo also cites three provisions in the Georgia
    Code, but those provisions provide the periods of limitation for actions on an
    “open account,” Ga. Code § 9-3-25, “for contracts express or implied not otherwise
    provided for,” id. § 9-3-26, and “for the recovery of personal property,” id. § 9-3-
    32.
    Osaigbovo argues that he complained about the breach of an implied
    contract, collection of a debt, and conversion, but we disagree. Osaigbovo’s
    complaint was devoid of facts from which “the [district] court [could] draw the
    reasonable inference that the [defendants] [were] liable for [such] misconduct.” See
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    Ashcroft v. Iqbal, 
    556 U.S. 662
    , 678 (2009). That Osaigbovo titled a part of his
    complaint “Existence of a Special Relationship” was insufficient to state a cause of
    action against the Bank for breach of an implied contract. Osaigbovo alleged that
    the “net balances in ALL accounts closed was not returned,” but that phrase failed
    to convey that the Bank had withheld funds unlawfully. And Osaigbovo failed to
    allege any facts related to the conversion of his property.
    The district court did not abuse its discretion when it denied Osaigbovo’s
    motion to alter or amend the judgment. To obtain relief under Federal Rule of Civil
    Procedure 59(e), a movant must identify “newly-discovered evidence [that
    supports his claim] or manifest errors of law or fact” in the judgment. See Arthur,
    
    500 F.3d at 1343
    . Osaigbovo attached to his postjudgment motion copies of bank
    statements, several pieces of correspondence, and his affidavit, but those
    documents did not constitute newly-discovered evidence because they were
    available to him when he filed his complaint. See 
    id.
     (“A Rule 59(e) motion cannot
    be used to relitigate old matters, raise argument or present evidence that could have
    been raised prior to the entry of judgment.”).
    We AFFIRM the dismissal of Osaigbovo’s complaint.
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