Mike Settle v. Michael Slager

UNPUBLISHED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 official
capacities; NORTH CHARLESTON POLICE DEPARTMENT, sued in
their individual and official capacities,
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Affirmed by unpublished per curiam opinion.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Unpublished opinions are not binding precedent in this circuit.
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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