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Guidetti v. County of Greenville

United States District Court, D. South Carolina, Greenville Division
Oct 20, 2011
C.A. No. 6:11-1249-HMH-JDA (D.S.C. Oct. 20, 2011)

Opinion

C.A. No. 6:11-1249-HMH-JDA.

October 20, 2011


OPINION ORDER


This matter is before the court with the Report and Recommendation of United States Magistrate Judge Jacquelyn D. Austin, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 of the District of South Carolina. Proceeding pro se, Stephen John Guidetti ("Guidetti") brought this action pursuant to 42 U.S.C. §§ 1983, 1985, 1986, and 1988, alleging violations to his First, Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendment rights under the United States Constitution. Magistrate Judge Austin recommends dismissing all Defendants except Deputy Sheriff NFN Donahue ("Donahue"), Deputy Sheriff Payne ("Payne"), and unidentified John and Jane Does, finding that Guidetti has failed to state a claim upon which relief can be granted with respect to the remaining Defendants, or alternatively, that they are entitled to immunity. Guidetti filed objections to the Report and Recommendation on September 27, 2011 and October 19, 2011.

The recommendation has no presumptive weight, and the responsibility for making a final determination remains with the United States District Court. See Mathews v. Weber, 423 U.S. 261, 270 (1976). The court is charged with making a de novo 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 made by the magistrate judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1).

Objections to the Report and Recommendation must be specific. Failure to file specific objections constitutes a waiver of a party's right to further judicial review, including appellate review, if the recommendation is accepted by the district judge.See United States v. Schronce, 727 F.2d 91, 94 n. 4 (4th Cir. 1984). In the absence of specific objections to the Report and Recommendation of the magistrate judge, this court is not required to give any explanation for adopting the recommendation.See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).

Upon review, the court finds that Guidetti's objections to the magistrate judge's Report and Recommendation are non-specific, unrelated to the dispositive portions of the Report, and merely restate his claims. Therefore, after a thorough review of the Report and Recommendation and the record in this case, the court adopts Magistrate Judge Austin's Report and Recommendation.

It is therefore

ORDERED that all Defendants except Donahue, Payne, and the unidentified "John Does 1-10" and "Jane Does 1-10" are dismissed without prejudice.

IT IS SO ORDERED.

NOTICE OF RIGHT TO APPEAL

Plaintiff is hereby notified that he has the right to appeal this order within thirty (30) days from the date hereof, pursuant to Rules 3 and 4 of the Federal Rules of Appellate Procedure.


Summaries of

Guidetti v. County of Greenville

United States District Court, D. South Carolina, Greenville Division
Oct 20, 2011
C.A. No. 6:11-1249-HMH-JDA (D.S.C. Oct. 20, 2011)
Case details for

Guidetti v. County of Greenville

Case Details

Full title:Stephen John Guidetti, Plaintiff, v. County of Greenville; Sheriff…

Court:United States District Court, D. South Carolina, Greenville Division

Date published: Oct 20, 2011

Citations

C.A. No. 6:11-1249-HMH-JDA (D.S.C. Oct. 20, 2011)

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