Hazelton v. NH Department of Corrections, Commissioner et al
Filing
51
ORDER approving as outlined 48 Report and Recommendation; denying without prejudice 45 Motion to Reopen Case. So Ordered by Chief Judge Joseph N. Laplante.(dae)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Timothy W. Hazelton, Sr.
v.
Civil No. 08-cv-419-JL
NH Department of Corrections,
Commissioner, et al.
O R D E R
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Landya B. McCafferty dated April
10, 2013.
The court notes only that the first full paragraph of the
Report and Recommendation should not be construed to suggest that mere
court approval of, or specified terms within, a settlement stipulation
can confer jurisdiction on this court to enforce a settlement. Such
jurisdiction is limited to situations provided for in Kokkonen.
Disability Law Ctr., 2012 WL 1237760, *6 (D MA 2012).
“‘[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).
SO ORDERED.
____________________________
Joseph N. Laplante
Chief Judge
Date:
cc:
May 9, 2013
Timothy W. Hazelton, Sr.
Michael Sheehan, Esq.
Brian Buonamano, Esq.
Danielle Leah Pacik, Esq.
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