Chambers v. Eppolito
/// ORDER approving 10 Report and Recommendation; denying 2 Motion to Proceed in forma pauperis; denying as moot 4 Ex Parte Motion; denying as moot 5 Motion to Appoint Counsel; denying as moot 6 Motion for Subpoena. The 1 complaint is hereby dismissed. So Ordered by Judge Steven J. McAuliffe.(jab)
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
John Eppolito, Jr.
I herewith approve the Report and Recommendation of Magistrate Judge
Landya B. McCafferty dated October 26, 2012, no objection having been filed, for
the reasons set forth therein.
" '[O]nly those issues fairly raised by the objections to the magistrate's report
are subject to review in the district court and those not preserved by such objection
are precluded on appeal.''' School Union No. 37 v. United Nat'l Ins. Co., 617 F.3d
554, 564 (1st Cir. 2010) (quoting Keating v. Secretary of Health & Human Servs.,
848 F.2d 271, 275 (1st Cir.1988)); see also United States v. Valencia-Copete, 792
F.2d 4, 6 (1st Cir. 1986) (after proper notice, failure to file a specific objection to
magistrate's report will waive the right to appeal).
The plaintiff’s complaint (document no. 1) is hereby dismissed, and the
motion to proceed in forma pauperis is denied. All other pending motions are
hereby denied as moot.
Dated: November 29, 2012
Randolph Chambers, pro se
Steven J. McAuliffe
United States District Judge