South Carolina, The State of v. Guidetti

Filing 15

ORDER RULING ON REPORT AND RECOMMENDATIONS for 11 Report and Recommendations, SUMMARILY REMANDING this case back to state court based upon lack of subject matter jurisdiction. Signed by Honorable Henry M Herlong, Jr on 1/10/12. (sfla)

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

The State of South Carolina,
Plaintiff,
vs.
Stephen John Guidetti,
Defendant.

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C.A. No. 6:11-3365-HMH-JDA

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.1 Proceeding pro se, Defendant Stephen
John Guidetti (“Guidetti”), filed a notice of removal in this court on December 12, 2011,
purporting to remove a case involving numerous traffic violations brought against him in the
Chick Springs Summary Court. Magistrate Judge Austin determined that this court lacks
subject matter jurisdiction over the above-captioned case, and therefore, she recommends
summarily remanding the case to state court. Guidetti filed objections to the Report and
Recommendation on January 5, 2012.

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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).
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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 this action is summarily remanded to state court pursuant to 28 U.S.C.
§ 1446(c)(4), based upon lack of subject matter jurisdiction.
IT IS SO ORDERED.

s/Henry M. Herlong, Jr.
Senior United States District Judge
Greenville, South Carolina
January 10, 2012

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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