Stephen Guidetti v. Donahue

Filing

UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--granting Motion to proceed in forma pauperis (FRAP 24) [998947187-2]; dismissing Motion to suppress testimony filed by Appellant Stephen J. Guidetti [998997871-2] Originating case number: 6:11-cv-01249-HMH Copies to all parties and the district court. [999028600]. Mailed to: Stephen Guidetti. [12-2179]

Download PDF
Appeal: 12-2179 Doc: 18 Filed: 01/24/2013 Pg: 1 of 4 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 12-2179 STEPHEN J. GUIDETTI, a/k/a Stephen John Stephen John, Stephen-John; son of God, Guidetti, a/k/a Plaintiff - Appellant, v. DONAHUE, aka, dba, Deputy Sheriff Sgt, Employee of Corporation, aka, dba, Sheriff Department; ALEX R. PAYNE, aka, dba, Deputy Sheriff, Employee of Corporation, aka, dba, Sheriff Department; JOHN DOES 1 - 10, address unknown at this time; JANE DOES 1 - 10, address unknown at this time, Defendants - Appellees, and GREENVILLE COUNTY, aka, dba, Corporation Unknown; SHERIFF DEPARTMENT, aka, dba, Corporation, aka, dba, Greenville County of; GREENVILLE COUNTY DETENTION CENTER, aka, dba, Sheriff Department, aka, dba, Greenville County of, aka, dba, Corporation; STEVE LOFTIS, aka, dba, Sheriff, aka, dba, Employee of Corporation, aka, dba, Greenville County Sheriff; HEATHERLY BROTHERS AUTO PARTS & WRECKER SERVICE, aka, dba, Corporation; JIM HEATHERLY, aka, dba, Corporation, aka, dba, Heatherly Owner-President Brothers Auto Parts & Wrecker Service; JOHN DOE 1, Employee for Heatherly Brothers Auto Parts & Wrecker Service; W. WALTER WILKS, Greenville County Attorney; GREENVILLE COUNTY COUNCIL; KNOX WHITE, Mayor; LILLIAN BROCK FLEMMING, Vice Mayor District 2; JOE DILL, District 17 Councilmember; JOSEPH BALDWIN, District 18 Councilmember; WILLS MEADOWS, District 19 Councilmember; SID CATES, District 20 Councilmember; JIM BURNS, District 21 Councilmember; BOB TAYLOR, District 22 Councilmember; XANTHENE NORRIS, District 23 Councilmember; LIZ SEMAN, District 24 Councilmember; LOTTIE GIBSON, District 25 Councilmember; DAN RAWLS, District 26 Councilmember; BUTCH KIRVEN, District 27 Councilmember; FRED PAYNE, District 28 Appeal: 12-2179 Doc: 18 Filed: 01/24/2013 Pg: 2 of 4 Councilmember; CHARLES R. GARRETT, aka, dba, Judge Charles R Garrett, Chick Springs Summery Court; CHICK SPRINGS SUMMERY COURT, aka, dba, Corporation, Taylors, SC; S. B. KEATOR, aka, dba, Judge S B Keator, Greenville, SC, Defendants. Appeal from the United States District Court for the District of South Carolina, at Greenville. Henry M. Herlong, Jr., Senior District Judge. (6:11-cv-01249-HMH) Submitted: January 22, 2013 Decided: January 24, 2013 Before WILKINSON, NIEMEYER, and THACKER, Circuit Judges. Affirmed by unpublished per curiam opinion. Stephen J. Guidetti, Appellant Pro Se. Russell W. Harter, Jr., CHAPMAN, HARTER & GROVES, PA, Greenville, South Carolina, for Appellees. Unpublished opinions are not binding precedent in this circuit. 2 Appeal: 12-2179 Doc: 18 Filed: 01/24/2013 Pg: 3 of 4 John appeals PER CURIAM: Stephen Guidetti the district court’s order denying relief on his 42 U.S.C. § 1983 (2006) complaint. The district court referred this case to a magistrate judge pursuant to 28 U.S.C.A. § 636(b)(1)(B) (West 2006 & Supp. 2012). The magistrate advised judge Guidetti recommended that failure that to relief file be denied timely, and specific objections to this recommendation could waive appellate review of a district court order based upon the recommendation. The magistrate timely judge’s filing of recommendation specific is objections necessary to to a preserve appellate review of the substance of that recommendation when the parties have noncompliance. Cir. 1985); been warned of the consequences of Wright v. Collins, 766 F.2d 841, 845-46 (4th see also Thomas v. Arn, 474 U.S. 140 (1985). Guidetti has waived appellate review by failing to file specific objections after receiving proper notice. Accordingly, we grant Guidetti leave to proceed in forma pauperis, affirm the judgment of the district court, and dismiss Guidetti’s motion to suppress testimony. We dispense with oral argument because the facts and legal contentions are adequately 3 presented in the materials Appeal: 12-2179 before Doc: 18 this court Filed: 01/24/2013 and Pg: 4 of 4 argument would not aid the decisional process. AFFIRMED 4

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?