Stayrook v. Masse et al

Filing 22

/// ORDER approving 13 Report and Recommendations dated March 19, 2012; approving 21 Report and Recommendations dated May 2, 2012, denying 15 Motion to Amend Complaint. So Ordered by Judge Steven J. McAuliffe.(jab)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Shawn Stayrook
v.

Case No. 11-cv-426-SM

FNU Masse, et al.

ORDER

I herewith approve the Reports and Recommendations of Magistrate Judge
Landya B. McCafferty dated March 19, 2012, and May 2, 2012, no objections
having been filed. "'[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).
Plaintiff’s Motion to Amend the Complaint (document no. 15) is denied. All
federal claims for relief asserted in the plaintiff’s complaint (document no. 1) are
hereby dismissed with prejudice. Plaintiff’s claims asserting violations of the
Laaman Consent Decree and any state law claims that he had intended to assert here

are dismissed without prejudice to his filing an action asserting such claims in state
court.
SO ORDERED.

May 24, 2012

cc:

Shawn Stayrook, pro se

/s/ Steven J. McAuliffe
______________________________
Steven J. McAuliffe
United States District Judge