Milford v. Middleton et al
Filing
160
ORDER AND OPINION adopting 145 Report and Recommendation of Magistrate Judge Mary Gordon Baker; adopting 147 Report and Recommendation of Magistrate Judge Mary Gordon Baker; adopting 151 Report and Recommendation of Magistrate Judge Mary Gordon Baker; granting 87 Motion to Dismiss for Failure to State a Claim; granting 91 Motion to Dismiss; granting 94 Motion to Dismiss; denying 102 Motion for Injunctive Relief; granting 103 Motion to Dismiss for Failure to State a Claim; denying 107 Motion to Vacate; denying 108 Motion for Relief from Judgment and an Order Pursuant to Rule 60 of the FRCP; granting 114 Motion for Summary Judgment; granting 124 Motion to Dismiss; granting 140 Motion to Dismiss; granting 144 Motion. Signed by Honorable Richard M Gergel on 1/9/2018.(ssam, )
IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Eugene Milford,
Plaintiff,
V.
Alex Middleton, et al.,
Defendants.
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Civil Action No. 2:16-2441-RMG
ORDER AND OPINION
This matter is before the Court on the Report and Recommendations of the Magistrate
Judge, recommending that Defendants Alex Middleton and Charleston County School District's
motion to dismiss, Alan Wilson, Dru James, Jim Griffith, and the South Carolina Department of
Education's motion to dismiss, Defendant the U.S. Attorney for the District of South Carolina' s
motion to dismiss, Defendants Nancy McGinley, Gerrita Postlewait, Bobbie Grant, and Bill
Briggman's motion to dismiss, and Defendants Walker Willcox and Katherine Ryan's motion for
summary judgment be granted, and on Defendant Pamela Brock, Teresa A Knox, Noelle Redd,
the South Carolina Board of Education, the South Carolina Department of Revenue, and James
Turner's motion to dismiss and Defendants Holly Aguilar and Austin Harris's motion to dismiss.
For the reasons set forth below, the Court adopts the Report and Recommendations as the Orders
of the Court and grants Defendants' motions to dismiss.
I.
Background
Plaintiff, proceeding pro se, has filed this action alleging causes of action under Title VII
of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 ("ADEA''),
Title IX of the Education Amendments Act of 1972, the Americans with Disabilities Act of 1990
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("ADA"), 42 U.S.C. § 1983, and possibly other federal statutes. (See Dkt. No. 83 (second amended
complaint).) Plaintiff is an African-American male over 40 years of age. (Id. at 1.)
Plaintiffs claims appear to relate to his attempts to gain employment as a teacher with the
Charleston County School District ("CCSD"). Plaintiff makes additional allegations regarding his
attempts to receive a teaching certificate, his past criminal proceedings, and the collection action
for his student loan debt. This action was commenced on July 6, 2016, and all twenty Defendants
have now filed motions to dismiss or for summary judgment. The Magistrate Judge has issued
Report and Recommendations regarding Defendants Alex Middleton and the CCSD's motion to
dismiss, Defendants Alan Wilson, Dru James, Jim Griffith, and the South Carolina Department of
Education's motion to dismiss, Defendant the United States Attorney for the District of South
Carolina's motion to dismiss, and Defendants Nancy McGinley, Gerrita Postlewait, Bobbie Grant,
and Bill Briggman's motion to dismiss (Dkt. No. 145); Defendants Walker Willcox and Katherine
Ryan's motion for summary judgment (Dkt. No. 147); and Plaintiffs motion for injunctive relief,
motion to vacate, and motion for relief from a judgment under Rule 60(b) of the Federal Rules of
Civil Procedure (Dkt. No. 151 ). Plaintiff has filed objections to the Report and Recommendations.
No Report and Recommendation has been entered regarding Defendants Pamela Brock, Teresa A
Knox, Noelle Redd, the South Carolina Board of Education, the South Carolina Department of
Revenue, and James Turner's motion to dismiss or Defendants Holly Aguilar and Austin Harris's
motion to dismiss, but those motions have been fully briefed following the issuance of Roseboro
orders to Plaintiff.
II.
Legal Standard
A.
Report and Recommendation of the Magistrate Judge
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight, and the responsibility to make a final determination remains with the
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Court. Mathews v. Weber, 423 U.S. 261 (1976). The Court is charged with making a de nova
determination of those portions of the Report and Recommendation to which specific objection is
made. The Court may accept, reject, or modify, in whole or in part, the recommendation of the
Magistrate Judge. 28 U.S.C. § 636(b)(l).
When a proper objection is made to a particular issue, "a district court is required to
consider all arguments directed to that issue, regardless of whether they were raised before the
magistrate." United States v. George, 971F.2d1113, 1118 (4th Cir. 1992). However, " [t]he
district court's decision whether to consider additional evidence is committed to its discretion, and
any refusal will be reviewed for abuse. " Doe v. Chao, 306 F.3d 170, 183 & n.9 (4th Cir. 2002).
" [A ]ttempts to introduce new evidence after the magistrate judge has acted are disfavored," though
the district court may allow it "when a party offers sufficient reasons for so doing." Caldwell v.
Jackson , 831 F. Supp. 2d 911 , 914 (M.D .N. C. 2010) (listing cases).
B.
Motion to Dismiss
Rule 12(b)(6) of the Federal Rules of Civil Procedure permits the dismissal of an action if
the complaint fails "to state a claim upon which relief can be granted." Such a motion tests the
legal sufficiency of the complaint and "does not resolve contests surrounding the facts, the merits
of the claim, or the applicability of defenses. . . . Our inquiry then is limited to whether the
allegations constitute ' a short and plain statement of the claim showing that the pleader is entitled
to relief."' Republican Party ofNC. v. Martin, 980 F.2d 943, 952 (4th Cir. 1992)(quotation marks
and citation omitted). In a Rule 12(b)(6) motion, the Court is obligated to "assume the truth of all
facts alleged in the complaint and the existence of any fact that can be proved, consistent with the
complaint's allegations." E. Shore Mkts., Inc. v. JD. Assocs. Ltd. P 'ship, 213 F.3d 175, 180 (4th
Cir. 2000). However, while the Court must accept the facts in a light most favorable to the non-
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moving party, it "need not accept as true unwarranted inferences, unreasonable conclusions, or
arguments." Id.
To survive a motion to dismiss, the complaint must state "enough facts to state a claim to
relief that is plausible on its face. " Bell At!. Corp. v. Twombly, 550 U.S. 544, 570 (2007). Although
the requirement of plausibility does not impose a probability requirement at this stage, the
complaint must show more than a "sheer possibility that a defendant has acted unlawfully. "
Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A complaint has "facial plausibility" where the
pleading "allows the court to draw the reasonable inference that the defendant is liable for the
misconduct alleged." Id.
C.
Summary Judgment
Summary judgment is appropriate if a party "shows that there is no genuine dispute as to
any material fact" and that the movant is entitled to judgment as a matter of law. Fed. R. Civ. P.
56(a). In other words, summary judgment should be granted "only when it is clear that there is no
dispute concerning either the facts of the controversy or the inferences to be drawn from those
facts. " Pulliam Inv. Co. v. Cameo Props., 810 F.2d 1282, 1286 (4th Cir. 1987). "In determining
whether a genuine issue has been raised, the court must construe all inferences and ambiguities in
favor of the nonmoving party." HealthSouth Rehab. Hosp. v. Am. Nat '! Red Cross, 101F.3d1005,
1008 (4th Cir. 1996). The party seeking summary judgment shoulders the initial burden of
demonstrating to the court that there is no genuine issue of material fact. Celotex Corp. v. Catrett,
477 U.S. 317, 323 (1986).
Once the moving party has made this threshold demonstration, the non-moving party, to
survive the motion for summary judgment, may not rest on the allegations averred in his pleadings.
Id. at 324. Rather, the non-moving party must demonstrate that specific, material facts exist that
give rise to a genuine issue. Id. Under this standard, " [c]onclusory or speculative allegations do
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not suffice, nor does a ' mere scintilla of evidence" ' in support of the non-moving party' s case.
Thompson v. Potomac Elec. Power Co., 312 F.3d 645, 649 (4th Cir. 2002) (quoting Phillips v.
CSX Transp., Inc. , 190 F.3d 285, 287 (4th Cir. 1999)).
III.
Discussion
A.
Motion to Dismiss by Alex Middleton and the Charleston County School District
Defendants Middleton and the CCSD move to dismiss the Second Amended Complaint
based on Rule 8 of the Federal Rules of Civil Procedure, the statutes of limitations on various
claims, and failure to state a claim under 42 U.S.C § 1983. (Dkt. No. 87.) Plaintiff does not specify
what causes of action he brings against Defendants Middleton and the CCSD. The Magistrate
Judge recounts Plaintiffs rambling allegations in detail, but the crux of the complaint as to these
Defendants seems to be that Plaintiff applied online for a teaching position with the CCSD but was
denied because he does not have a South Carolina teacher certification and, indeed, is ineligible
for a certification because of his criminal record. Defendant Middleton is listed as the contact
person on the CCSD ' s website for teacher recruitment.
Plaintiff alleges he was denied
employment in violation of laws prohibiting discrimination based on his age, race, sex, or
disability.
The Magistrate Judge recommends granting the motion to dismiss because Plaintiff fails
to allege any discriminatory acts related to his age, sex, or race, because Plaintiff does not allege
that he has any specific disability, because Plaintiff does not allege that he ever held a South
Carolina teacher certification, and because Plaintiff did not exhaust administrative remedies
through the EEOC as required for ADEA and ADA claims.
The Magistrate Judge also
recommends § 1983 claims against the CCSD be dismissed because the CCSD is not a person for
purposes of § 1983 and because Plaintiff does not allege the CCSD or Middleton commited any
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conduct that deprived Plaintiff of "a right, privilege or immunity secured by the Constitution or
laws of the United States." The Court agrees full y with the Magistrate Judge's recommendations.
B.
Motion to Dismiss by Alan Wilson, the South Carolina Department of Education,
Dru James, and Jim Griffith
Defendants Wilson, James, Griffith, and the South Carolina Department of Education
("SCDOE") move to dismiss the Second Amended Complaint based on 1) Plaintiffs claims under
42 U.S.C. § 1983 are barred by the statute of limitations; 2) Plaintiffs claims under the
Rehabilitation Act are barred by the applicable statute oflimitations; 3) Plaintiffs claims under 42
U.S.C. § 1983 are barred by sovereign immunity and Eleventh Amendment immunity; 4)
Plaintiffs ADA and ADEA claims are barred by the doctrines of sovereign immunity and Eleventh
Amendment immunity; 5) Plaintiffs Title VII, ADEA, and ADA claims were not timely filed with
the EEOC and are barred for failure to exhaust administrative remedies; and 6) Plaintiff has not
pleaded facts sufficient to state a claim for relief.
Plaintiffs complaint against the SCDOE appears to be that when Plaintiff applied for a
teacher certificate, SCDOE ran a fingerprint check, discovered Plaintiffs criminal background,
and, after a hearing before the South Carolina Board of Education, denied the application.
Defendants James and Griffith were members of the Board of Education. Plaintiffs complaint
against Defendant Wilson, the South Carolina Attorney General, appears to relate to a 1992 PCR
application and a second PCR application in 1993 .
The Magistrate Judge recommends dismissing claims against Defendants James, Griffith,
and Wilson because Title VII, ADEA, and ADA claims may be brought against individuals only
if those individuals were the plaintiffs employer. Plaintiff does not allege that he was ever
employed by James, Griffith, or Wilson. The Magistrate Judge recommends dismissing claims
against Defendant the SCDOE for failure to exhaust administrative remedies, because Plaintiff did
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not file a timely charge of discrimination with the EEOC. The Magistrate Judge recommends
dismissing Plaintiffs § 1983 claims against James, Griffith, and Wilson as time barred (SCDOE
is not a person for purposes of § 1983). Considered in the light most favorable to Plaintiff,
Plaintiffs § 1983 claims accrued on May 9, 2013 and are subject to a three-year statute of
limitations.
The present action was filed on July 6, 2016.
Finally, the Magistrate Judge
recommends dismissing Rehabilitation Act claims because claims under that act are subject to the
one-year statute of limitations in the South Carolina Human Affairs Law.
See Cockrell v.
Lexington Cty. Sch. Dist. One, No. 3:11-cv-2042-CMC, 2011 WL 5554811, at *11 (D.S.C. Nov.
15, 2011), and so Plaintiffs Rehabilitation Act claims are also time barred. The Court agrees fully
with the Magistrate Judge's recommendations.
C.
Motion to Dismiss by the United Stated Attorney for the District of South Carolina
The United States Attorney for the District of South Carolina moves to dismiss the
Plaintiffs claims against her for failure to state a claim against her and because of her immunity
from suit. Plaintiff alleges that on May 8, 2015, the United States Attorney filed a complaint in
this Court to collect a federal student loan against the Plaintiff. See United States v. Milford, Civ.
No. 2:15-2009-RMG (D.S.C. July 27, 2016), aff'd 673 F. App'x 331 (4th Cir. 2017) ("the student
loan case"). Plaintiff alleges that the student loan case was initiated "to intentionally harass the
Plaintiff." Plaintiff, however, alleges no facts suggesting that the prosecution of the student loan
case was motivated by any concern other than recovery of a delinquent debt. The Magistrate Judge
recommends dismissing claims against the United States Attorney for failure to state a claim. The
Court agrees fully with the Magistrate Judge ' s recommendation.
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D.
Motion to Dismiss by Defendants Nancy McGinley, Gerrita Postlewait, Bobbie
Grant, and Bill Briggman
Defendants Nancy McGinley, Gerrita Postlewait, Bobbie Grant, and Bill Briggman are all
current or former employees of the CCSD. Dr. McGinley was the former superintendent for the
CCSD. Dr. Postlewait is the current superintendent for the CCSD. Defendants Bobbie Grant and
Bill Briggman worked for the CCSD in human resources.
Plaintiffs claims against them are substantially the same as his claims against Defendants
Middleton and the CCSD. The Magistrate Judge recommends dismissal of Plaintiffs claims
against these Defendants for the same reasons supporting dismissal of Plaintiffs claims against
Defendant Middleton and for the additional reason that Plaintiff fails to allege any particular acts
or omissions committed by these Defendants. The Court agrees fully with the Magistrate Judge ' s
recommendation.
E.
Motion for Summary Judgment by Walker Willcox and Katherine Ryan
Defendants Walker Willcox and Katherine Ryan are private attorneys in Florence, South
Carolina. They filed the student loan case on behalf of the United States; prosecution of that case
was their only interaction with Plaintiff. Plaintiffs allegations against these Defendants are
substantively identical to his claim against the United States Attorney. The Magistrate Judge
recommends summary judgment for these Defendants because they are immune for liability to
third persons arising from the performance of their professional activities as attorneys. The Court
agrees fully with the Magistrate Judge' s recommendation.
F.
Motion to Dismiss by Defendants Pamela Brock, Teresa A Knox, Noelle Redd, the
South Carolina Board of Education, the South Carolina Department of Revenue,
and James Turner
Defendants Redd and Turner were administrative assistants or coordinators with the
SCDOE. Defendant Brock was an administrative assistant with the South Carolina Attorney
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General's office. Plaintiffs claims against Defendants Redd, Turner, and the South Carolina
Board of Education are substantively identical to his claims against Defendants Middleton and the
CCSD and the Court dismisses the claims against Redd, Turner, and the Board of Education for
the same reasons that it dismissed claims against Middleton and the CCSD. Plaintiffs claim
against Brock apparently arises from nothing more than the fact that Brock signed for the summons
Plaintiff served on the South Carolina Attorney General's office. Plaintiff does not allege any
conduct by Brock that could support any claim for relief. The Court therefore dismisses Plaintiffs
claims against Defendant Brock.
Defendant Knox was an attorney employed by the South Carolina Attorney General ' s
office, and was, allegedly, the attorney for the state in Plaintiffs PCR proceedings. Plaintiff
alleges she made false representations to the PCR court, and that she "maliciously" sent an affidavit
of service to a correctional institution. Plaintiffs claims against Defendant Knox are barred by
absolute prosecutorial immunity. See Imbler v. Pachtman, 424 U.S. 409, 430 (1976). The Court
therefore dismisses Plaintiffs claims against Defendant Knox.
Plaintiff alleges the South Carolina Department of Revenue sent him a "non-filer notice"
stating that he failed to file a sales use and use tax return, and later sent him a notice changing his
sales tax filing frequency from monthly to yearly. How this would support a§ 1983 or employment
discrimination claim-or, indeed, any claim-against the Department of Revenue is obscure. The
Court therefore dismisses claims against the South Carolina Department of Revenue.
The Court therefore grants the Motion to dismiss by Defendants Pamela Brock, Teresa A
Knox, Noelle Redd, the South Carolina Board of Education, the South Carolina Department of
Revenue, and James Turner.
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G.
Defendants Holly Aguilar and Austin Harris's motion to dismiss
Defendants Aguilar and Harris are federal employees formerly assigned to the Savannah
Local Office of the EEOC. Aguilar, sued in her official and individual capacities, was director of
the Savannah Office of the EEOC. Harris, sued in his individual capacity, was an investigator for
the EEOC. Plaintiff apparently sues them because the EEOC found the Plaintiffs charge of
discrimination untimely. Federal officials acting under color of federal law, however, are not
subject to suit under§ 1983. Moreover, neither the ADA, the ADEA, Title VII, nor Title IX creates
a private cause of action against the EEOC or its employees, if the EEOC is not the plaintiffs
employer. See, e.g.,Adams v. EEOC, 932 F. Supp. 660 (E.D. Pa. 1996). Those statutes only create
rights of action against the allegedly discriminating employer.
The Court therefore grants ·
Defendants Aguilar and Harris's motion to dismiss.
H.
Plaintiff's motions to vacate and for injunctive relief
Plaintiff asks this Court to vacate his February 5, 1990 conviction in state court (which was
pursuant to a guilty plea), to expunge his criminal record nationwide, to award Plaintiff a teacher
certificate and "disgorgement relief," and to provide "a permanent injunction "against future acts
[of] retaliation, intentional harassment, and malicious prosecution against Plaintiff and his son
moving forward in the Plaintiffs life." Vacatur of criminal convictions is not an available remedy
under§ 1983. Heck v. Humphrey, 512 U.S. 447 (1994). This Court obviously has no authority to
award South Carolina teacher certificates.
Finally, any claim for injunctive relief against
Defendants is mooted by the Court's judgment in favor of Defendants as to all claims.
The Court therefore adopts the Report and Recommendation of the Magistrate Judge (Dkt.
No. 151) and denies Plaintiff's motions to vacate his 1990 criminal conviction and his motion for
injunctive relief.
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I.
Plaintifrs Rule 60(b) motion for relief from the judgment in the student loan case
Plaintiff moves under Rule 60(b) for reconsideration of the judgment in the student loan
case, which was affirmed on appeal. See Milford, Civ. No. 2: 15-2009-RMG. Plaintiff apparently
moves for relief under subsections (b)(3), (b)( 4), and (b)(6), as those are the headings he underlined
when quoting Rule 60(b).
Rule 60(b)(3) applies to judgments obtained by fraud. To obtain relief under Rule 60(b)(3),
a movant must have a meritorious defense. Schultz v. Butcher, 24 F.3d 626, 630 (4th Cir. 1994).
Plaintiff has not presented any evidence or argument that he has a meritorious defense in the
student loan case. To the contrary, in the student loan case, Plaintiff did not deny that he signed
the note on which the suit was brought, that he received the money disbursed on the note, or that
he failed to repay the note as agreed.
Rule 60(b)(4) applies to judgments that are "void." " An order is void only if the court
lacked personal or subject matter jurisdiction or acted contrary to due process of law." Wells
Fargo Bank, NA . v. AMH Roman Two NC, LLC, 859 F.3d 295, 299 (4th Cir. 2017). Plaintiff has
not presented any evidence or argument that the Court lacked jurisdiction in the student loan case,
or that it acted contrary to due process of law.
Rule 60(b)(6) is a savings clause that permits relief in extraordinary circumstances not
encompassed by subsections (b)(l) to (b)(5) and not available on direct appeal. See Aikens v.
Ingram , 652 F.3d 496, 500- 01 (4th Cir. 2011). Plaintiff has not presented any evidence or
argument suggesting that such extraordinary circumstances are present in the student loan case.
The Court therefore adopts the Report and Recommendation of the Magistrate Judge (Dkt.
No. 1S1) and denies Plaintiff's motion for relief from the judgment in the student loan case.
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J.
Plaintifrs Objections to the Report and Recommendations
Plaintiff filed 29 pages of objections to the Magistrate Judge's recommendation that claims
against Alex Middleton, the CCSD, Alan Wilson, Dru James, Jim Griffith, the SCDOE, the U.S.
Attorney, Nancy McGinley, Gerrita Postlewait, Bobbie Grant, and Bill Briggman be dismissed.
(Dkt. No. 153.) Plaintiffs objections are factually incorrect or irrelevant to any dispositive issue
in this matter. Plaintiff objects that the Magistrate Judge erroneously found that he was not
qualified to participate in a Charleston County teacher recruitment job fair. The Magistrate Judge
made no such finding and that factual issue is immaterial to the disposition of Plaintiffs claims.
Plaintiff objects that the Magistrate Judge "failed" to make factual findings in his favor based on
Plaintiffs conclusory allegations that he was denied employment as a schoolteacher because of
prohibited discrimination and not because he has no teaching certificate and has a criminal
conviction. Plaintiff objects that the Magistrate Judge should have recused herself because of "a
bogus arrest charge by the Berekley County Sheriff Department." The Court is aware of no reason
for the Magistrate Judge to recuse herself, and, regardless, the Court has reviewed the objected-to
portions of the Report and Recommendation de novo and has found no legal or factual error.
Plaintiff objects that the Magistrate Judge erred by finding his EEOC charge of discrimination was
untimely and that he thus failed to exhaust EEOC remedies, when he did in fact file the present
action within 90 days of receiving a right to sue letter from the EEOC. The record, however,
clearly shows Plaintiff filed his EEOC charge on March 30, 2016, well more than 300 days after
the violation he alleges occurred in May 2013. (See Dkt. Nos. 63-1, 63-2, 63-3.) Plaintiff objects
that his§ 1983 claims against CCSD, Middleton, James, Griffith, and Wilson in this case are timely
because they should be equitably tolled for the period when the student loan case was on appeal.
His claims against those state officials and the school district, however, have absolutely nothing
to do with the federal student loan case.
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Plaintiff also filed sixteen pages of objections to the Magistrate Judge's recommendation
that summary judgment be granted for Defendants as to claims against Willcox and Ryan. (Dkt.
No. 155.) He makes unsubstantiated accusations of collusion between lawyers seeking to collect
a debt due the United States and the CCSD, because the student loan case was initiated 33 days
before a Charleston County career fair and because the brother of an attorney at Willcox and
Ryan's law firm purportedly represented the CCSD in an unrelated and unidentified§ 1983 case
at some unknown time. Plaintiff also objects that summary judgment is inappropriate because no
discovery has occurred regarding claims against Willcox and Ryan. The Court agrees that Willcox
and Ryan's motion could have been styled as a motion to dismiss, but a plaintiff who fails to state
a claim is not entitled to discovery merely because the defendant styles a dispositive motion as a
motion for summary judgment. Plaintiff makes baseless accusations of racial bias against the
Magistrate Judge. Finally, Plaintiff repeats the objection that the Magistrate Judge should have
recused herself. As stated above, the Court is aware of no reason for the Magistrate Judge to recuse
herself, and, regardless, the Court has reviewed the objected-to portions of the Report and
Recommendation de nova and has found no legal or factual error.
Finally, Plaintiff filed twenty-eight pages of objections to the Magistrate Judge's
recommendation that Plaintiffs Rule 60(b) motion and his motion for injunctive relief be denied.
(Dkt. Nos. 158, 159.) Plaintiff objects that the Magistrate Judge "intentionally and maliciously"
waited to file a Report and Recommendation until the expiration of the statute of limitations for
Plaintiffs claims "pursuant to § 1983 against the Attorney General of the State of South Carolina
due to employment discrimination." The statute of limitations, however, lapsed before Plaintiff
filed the present action. Plaintiff repeats his allegations against prosecutor Teresa Knox at great
length, but he never addresses the dispositive issue of prosecutorial immunity. Plaintiff similarly
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repeats his employment discrimination claims against Dru James and Jim Griffith without
addressing the dispositive issue that those persons never employed Plaintiff. Plaintiff argues his
§ 1983 claims against Dru James are not time barred because they accrued on January 18, 2017
when Defendant Jam es filed an affidavit in support of his motion to dismiss Plaintiffs § 1983
claims in this case. That objection is obviously without merit. Plaintiffs other objections are
makeweight repetitions of Plaintiffs allegations against various Defendants and statements of
disagreement with the Report and Recommendation.
IV.
Conclusion
For the foregoing reasons, the Court ADOPTS the Report and Recommendations of the
Magistrate Judge (Dkt. Nos. 145, 147, 151). The Court GRANTS the following motions:
•
Defendants Alex Middleton and Charleston County School District's motion to
dismiss (Dkt. No. 87);
•
Defendants Alan Wilson, Dru James, Jim Griffith, and the South Carolina
Department of Education's motion to dismiss (Dkt. No. 91);
•
Defendant the United States Attorney for the District of South Carolina' s motion
to dismiss (Dkt. No. 94);
•
Defendants Nancy McGinley, Gerrita Postlewait, Bobbie Grant, and Bill
Briggman's motion to dismiss (Dkt. No. 103);
•
Defendants Walker Willcox and Katherine Ryan's motion for summary judgment
(Dkt. No. 114);
•
Defendants Pamela Brock, Teresa A Knox, Noelle Redd, the South Carolina Board
of Education, the South Carolina Department of Revenue, and James Turner's
motion to dismiss (Dkt. No. 124)
•
Defendants Holly Aguilar and Austin Harris' s motion to amend their motion to
dismiss (Dkt. No. 144) and their motion to dismiss (Dkt. No. 140);
The Court DENIES the following motions:
•
Plaintiffs motion for injunctive relief (Dkt. No. 102)
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•
Plaintiffs motion to vacate (Dkt. No. 107)
•
Plaintiffs motion for relief from a judgment under Rule 60(b) of the Federal Rules
of Civil Procedure (Dkt. No. 108).
AND IT IS SO ORDERED.
rgel
United States District Court Judge
i_,
January
2018
Charleston, South Carolina
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