Fox v. Strafford County Department of Corrections, Superintendent

Filing 55

ORDER approving 46 Report and Recommendation, denying without prejudice 34 Motion for Summary Judgment. So Ordered by Judge Steven J. McAuliffe.(jab)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Duane Leroy Fox
v.
Case N o . 11-cv-295-SM
Strafford County Department of
Corrections, et a l .

O R D E R

No objection having been filed, I herewith approve the Report
and Recommendation of Magistrate Judge Landya B . McCafferty dated
March 1 8 , 2013, for the reasons set forth therein.

Plaintiff’s

Motion for Summary Judgment (document n o . 34) is denied without
prejudice.
“‘[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 N o . 37 v . United Nat'l Ins. Co., 617 F.3d 5 5 4 , 564 (1st
Cir. 2010) (quoting Keating v . Secretary of Health & Human Servs.,
848 F.2d 2 7 1 , 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.

: Judge
t

Date: April 1 7 , 2013
cc:

Duane Leroy Fox, pro se