U.S. Court of Appeals for the Fourth Circuit, 2016

Mike Settle v. Michael Slager

Mike Settle v. Michael Slager
U.S. Court of Appeals for the Fourth Circuit · Decided January 15, 2016 · Motz, Floyd, Harris
628 F. App'x 206

Mike Settle v. Michael Slager

Opinion

Affirmed by unpublished PER CURIAM opinion.

Unpublished opinions are not binding precedent in this circuit.

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. We have reviewed the record and find no reversible error. First, Settle’s consent was not required before the district 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. See 28 U.S.C. § 636(b) (2012). 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 argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

AFFIRMED.

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