Mike Settle v. Michael Slager


UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 2:15-cv-01802-RMG. Copies to all parties and the district court/agency. [999736367]. Mailed to: Mike Settle. [15-7052]

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Appeal: 15-7052 Doc: 11 Filed: 01/15/2016 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 15-7052 MIKE SETTLE, Plaintiff – Appellant, v. MICHAEL SLAGER, sued in their individual and capacities; NORTH CHARLESTON POLICE DEPARTMENT, their individual and official capacities, official sued in Defendants - Appellees. Appeal from the United States District Court for the District of South Carolina, at Charleston. Richard M. Gergel, District Judge. (2:15-cv-01802-RMG) Submitted: November 23, 2015 Decided: January 15, 2016 Before MOTZ, FLOYD, and HARRIS, Circuit Judges. Affirmed by unpublished per curiam opinion. Mike Settle, Appellant Pro Se. Unpublished opinions are not binding precedent in this circuit. Appeal: 15-7052 Doc: 11 Filed: 01/15/2016 Pg: 2 of 2 PER CURIAM: Mike Settle appeals the district court’s order accepting the recommendation of the magistrate judge and denying relief on his 42 U.S.C. § 1983 (2012) complaint. record and find no reversible error. was not required before the district We have reviewed the First, Settle’s consent court referred to the magistrate judge for a non-dispositive ruling, and the district court appropriately conducted a de novo review of those portions of the report to which Settle objected. (2012). See 28 U.S.C. § 636(b) Moreover, as the district court held, Settle has no standing to assert the constitutional rights of a third party, see Archuleta v. McShan, 897 F.2d 495, 497 (10th Cir. 1990), and his state claim is likewise meritless. Accordingly, we affirm for the reasons stated by the district court. Settle v. Slager, No. 2:15-cv-01802-RMG (D.S.C. June 22, 2015). We dispense with oral contentions argument adequately because presented in the the facts and materials legal before this court are and argument would not aid the decisional process. AFFIRMED 2

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