ROSS v. MCCORMACK et al

Filing 45

REPORT AND RECOMMENDED DECISION re 16 MOTION for Direct Appeal Objections to R&R due by 3/25/2025 By US MAGISTRATE JUDGE ANDREA K. JOHNSTONE. (mjlt)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

KEVIN LEE ROSS
V.

Case no.24-cv-14-SDE-AJK

ANDREW MCCORMACK, ET AL
REPORT AND RECOMMENDATION

Plaintiff Kevin Lee Ross filed a “Motion for Direct Appeal” (Doc.
No. 16), in which it appears Ross is asking this Court to authorize
him to proceed directly to the United States Supreme Court for
adjudication of this case under that Court’s original jurisdiction.
This lawsuit, in which Ross, a private individual, asserts claims
against two federal probation officers and two private individuals,
does not fall within the Supreme Court’s original jurisdiction.
28 U.S.C. § 1251.

See

Further, it is the Supreme Court, and not this

Court, which determines what cases it will hear in exercise of its
original jurisdiction.

See Sup. Ct. R. 17, 18.

District Judge should deny Ross’s motion.

Accordingly, the

Any objections to this

Report and Recommendation must be filed within fourteen days of
receipt of this notice.

See Fed. R. Civ. P. 72(b)(2).

day period may be extended upon motion.

The fourteen-

Only those issues raised in

the objection to this Report and Recommendation are subject to review
in the district court.

See Sch. Union No. 37 v. United Natl Ins. Co.,

617 F.3d 554, 564 (1st Cir. 2010).

Any issues not preserved by such

objection(s) are precluded on appeal.

See id.

Failure to file any

objections within the specified time waives the right to appeal the
district court’s order.

See Santos-Santos v. Torres-Centeno, 842 F.3d

163, 168 (1st Cir. 2016).

________________________
Andrea K. Johnstone
United States Magistrate Judge
Date:

March 11, 2025

cc:

Kevin Lee Ross, pro se