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UNPUBLISHED PER CURIAM OPINION filed.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]
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UNPUBLISHED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
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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.
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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
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before
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this
court
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and
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argument
would
not
aid
the
decisional
process.
AFFIRMED
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