Fox v. Strafford County Department of Corrections, Superintendent

Filing 30

/// ORDER approving 25 Report and Recommendations of Magistrate Judge McCafferty dated June 18, 2012. So Ordered by Judge Steven J. McAuliffe.(jab)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Duane Leroy Fox
v.

Case No. 11-cv-295-SM

Superintendent, Strafford County
Department of Corrections, et al.

ORDER

I herewith approve the Report and Recommendation of Magistrate Judge
Landya B. McCafferty dated June 18, 2012, no objection having been filed, for the
reasons set forth therein. The Superintendent of the Strafford County Department
of Corrections and the intake nurse are hereby dismissed from this action.
" '[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).
As Magistrate Judge McCafferty made clear in her Order dated June 18, 2012
(document no. 26 – copy enclosed), you are to provide the clerk’s office with the

names and addresses of the correctional officers who were working on E pod at the
Strafford County House of Corrections when the alleged assaults occurred in order
to perfect service. You are also ordered to amend your complaint to include their
proper names and addresses for the record.
SO ORDERED.

July 30, 2012

Enclosure
cc:

Duane Leroy Fox, pro se

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