Hanson v. Rockingham County Department of Corrections, Superintendent
/// ORDER approving 50 Report and Recommendation; granting in part and denying in part 39 Motion to Amend and supplement the complaint. So Ordered by Judge Steven J. McAuliffe.(jab)
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
Case No. 11-cv-534-SM
Superintendent, Rockingham County
Department of Corrections, et al.
After due consideration of the objection filed, I herewith approve the Report
and Recommendation of Magistrate Judge Landya B. McCafferty dated
September 4, 2012. Petitioner may, if he wishes, file a motion seeking leave to
amend his complaint by stating facts sufficient to state cognizable causes of action as
permitted by the applicable rules of civil procedure. But on the pleadings filed to
date, construed liberally and in Plaintiff’s favor, the Magistrate Judge has correctly
assessed his allegations. " '[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 claims asserted and the defendants named in the allegations set forth in
the motion to amend the complaint (doc. no. 39) are dismissed, except for a Fourth
Amendment claim relating to the visual body cavity inspection, asserted against
C.O. Lennon. All of the claims asserted, and defendants named, in the original
complaint (doc. nos. 1 and 8), with the exception of the strip search claim against
C.O. Haseltine, are hereby dismissed.
October 16, 2012
Michael Hansen, pro se
Corey M. Belobrow, Esq.
Steven J. McAuliffe
United States District Judge