Guidetti v. Haley et al

Filing 23

ORDER RULING ON REPORT AND RECOMMENDATIONS adopting 14 Report and Recommendations; the complaint is dismissed without prejudice and without issuance and service of process. ORDER denying as moot 18 Motion to accept Amended/Rewritten complaint, ORDER granting 22 Motion to Withdraw the second amended complaint filed by Stephen J Guidetti. Signed by Honorable Henry M Herlong, Jr on 5/18/11. (sfla)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION

Stephen J. Guidetti,
Plaintiff,
vs.
Governor Nikki Haley, in her personal
capacity as Nikki Haley of the state of
South Carolina; Attorney General
Alan Wilson, Attorney General state of
South Carolina, in his personal capacity as
Alan Wilson; Director William R. Byers,
Director of Department of Corrections state
of South Carolina, in his personal capacity
as William R. Byars; Director Marcia C.
Adams, Director state of South Carolina
Department of Motor Vehicles, in her
personal capacity as Marcia S. Adams;
Sheriff Steve Loftis, Sheriff Greenville
County state of South Carolina, in his
personal capacity as Steve Loftis; Sheriff
Deputy NFN Donahue, Sheriff Deputy state
of South Carolina, Sgt. Badge C-4, Troop 4,
*828, in his personal capacity as Donahue;
Sheriff Deputy Alex R. Payne, Sheriff
Deputy state of South Carolina, in his
personal capacity as Alex R. Payne,
Defendants.

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C.A. No. 6:11-861-HMH-JDA

OPINION AND 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.1 Proceeding pro se, Stephen J. Guidetti
1

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
1

(“Guidetti”) brought an action under 42 U.S.C. § 1983, alleging various violations to his
constitutional rights. Magistrate Judge Austin found that the allegations in Guidetti’s complaint
were frivolous and failed to state a claim upon which relief could be granted. (Report &
Recommendation, generally.) Consequently, she recommends dismissing the complaint without
prejudice and without issuance and service of process. On May 17, 2011, Guidetti filed
objections to the magistrate judge’s Report and Recommendation.
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. Additionally, Guidetti contemporaneously filed with his objections a
second amended complaint in which he alleges over twenty-five causes of action against
numerous state actors. On May 18, 2011, however, he filed a motion to withdraw his second
amended complaint. Guidetti’s motion is granted.

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).
2

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 Guidetti’s complaint is dismissed without prejudice and without
issuance and service of process. It is further
ORDERED that Guidetti’s motion to withdraw his second amended complaint, docket
number 22, is granted. It is further
ORDERED that Guidetti’s motion to accept amended/rewritten complaint, docket
number 18, is denied as moot.
IT IS SO ORDERED.

s/Henry M. Herlong, Jr.
Senior United States District Judge
Greenville, South Carolina
May 18, 2011

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.

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