R. BRYAN HARWELL, District Judge.
Plaintiff Arnold Parson, Jr., proceeding pro se, has filed this action pursuant to 42 U.S.C. § 1983. The matter is before the Court for consideration of the parties' objections to the Report and Recommendation ("R & R") of United States Magistrate Judge Kaymani D. West, who recommends (1) granting in part and denying in part Plaintiff's motion to amend his complaint and (2) dismissing Defendants' motion for summary judgment without prejudice as moot. See ECF Nos. 148, 152, & 153.
The Magistrate Judge makes only a recommendation to the Court. The Magistrate Judge's recommendation has no presumptive weight, and the responsibility to make a final determination remains with the Court. Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court must conduct a de novo review of those portions of the R & R to which specific objections are made, and it may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b).
The Court must engage in a de novo review of every portion of the Magistrate Judge's report to which objections have been filed. Id. However, the Court need not conduct a de novo review when a party makes only "general and conclusory objections that do not direct the [C]ourt to a specific error in the [M]agistrate [Judge]'s proposed findings and recommendations." Orpiano v. Johnson, 687 F.2d 44, 47 (4th Cir. 1982). In the absence of specific objections to the R & R, the Court reviews only for clear error, Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005), and the Court need not give any explanation for adopting the Magistrate Judge's recommendation. Camby v. Davis, 718 F.2d 198, 199-200 (4th Cir. 1983).
As explained in the Court's prior order ruling on Defendants' motions to dismiss, Plaintiff filed this § 1983 action in this federal Court effectively seeking to challenge a state foreclosure judgment and the manner in which it was executed by Marion County law enforcement. See ECF No. 114. The Court determined the Rooker-Feldman
Plaintiff objects to the Magistrate Judge's proposed finding that amendment is futile as to all claims except his § 1983 excessive force claim relating to his alleged handcuffing. See ECF No. 153 at pp. 1-5. However, the Court agrees with the Magistrate Judge's thorough analysis and conclusion that the Rooker-Feldman doctrine bars Plaintiff's proposed additional claims alleged in his Third Amended Complaint.
Plaintiff also objects to the Magistrate Judge's recommendation concerning two additional proposed defendants — namely, Sheriff Mark Richardson and the Marion County Sheriff's Office ("MCSO"). However, as correctly explained in the R & R, the MCSO is not amenable to suit because (1) it is not a "person" within the meaning of 42 U.S.C. § 1983 and (2) the Eleventh Amendment bars claims against the MCSO (a state agency). See R & R at p. 17; see, e.g., Workman v. Metro PCS, No. 6:17-cv-01208-RBH-KFM, 2018 WL 3434305, at *2 (D.S.C. July 17, 2018) (summarily dismissing the Greenville County Sheriff's Office for similar reasons). Similarly, the Eleventh Amendment bars suit against Sheriff Richardson in his official capacity. See Lawson v. Union Cty. Clerk of Court, 828 F.3d 239, 278 (4th Cir. 2016) ("The Eleventh Amendment bars suit against state officials in their official capacity for damages under 42 U.S.C. § 1983."); Cromer v. Brown, 88 F.3d 1315, 1332 (4th Cir. 1996) (recognizing South Carolina sheriffs are arms of the state and entitled to Eleventh Amendment immunity). Regarding any individual capacity claim, Plaintiff has not alleged Sheriff Richardson was personally involved in the alleged excessive force, and he has not sufficiently alleged a § 1983 supervisory liability claim. See R & R at pp. 17-19. Accordingly, the Magistrate Judge properly recommended denying leave to amend as to these two proposed defendants.
The arguments in Defendants' objections primarily relate to qualified immunity.
For the foregoing reasons, the Court
To clarify, only the handcuffing-related portion of Plaintiff's § 1983 excessive force claim is proceeding, and only as to Defendant Darren Miles and proposed/new Defendants Supervisor Judy Barker, Officer Jack McCaskill, Officer Mitchell McCaskill, Officer Charlie Watson, Officer Dewayne Rogers, Officer Jeff Gause, Officer Samantha Jackson, Officer Johnathan Edwards, Officer Robert Page, Officer Michael Latu, Office Dale Sylvester, Officer Tracey Causey, and Officer Greg Pike.
The Rooker-Feldman doctrine is "jurisdictional," Am. Reliable Ins. Co. v. Stillwell, 336 F.3d 311, 316 (4th Cir. 2003), and it precludes "`lower federal courts . . . from exercising appellate jurisdiction over final state-court judgments.'" Thana, 827 F.3d at 319 (quoting Lance v. Dennis, 546 U.S. 459, 463 (2006)). The doctrine is "narrow and focused," id., and "confined to `cases brought by state-court losers complaining of injuries caused by state-court judgments rendered before the district court proceedings commenced and inviting district court review and rejection of those judgments.'" Lance, 546 U.S. at 464 (quoting Exxon Mobil Corp. v. Saudi Basic Indus. Corp., 544 U.S. 280, 284 (2005)). "Thus, if a plaintiff in federal court does not seek review of the state court judgment itself but instead `presents an independent claim, it is not an impediment to the exercise of federal jurisdiction that the same or a related question was earlier aired between the parties in state court.'" Thana, 827 F.3d at 320 (internal quotation marks omitted).