Palermo v. NH Department of Corrections, Commissioner et al

Filing 31

///ORDER granting 30 Motion to Dismiss. The court recommends that the motion (doc. no. 30) be granted, and that Casico be dismissed from this action without prejudice. So Ordered by Magistrate Judge Landya B. McCafferty.(ko)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Christopher M. Palermo
v.

Civil No. 11-cv-337-JL

William Wrenn, Commissioner,
New Hampshire Department of
Corrections et al.

REPORT AND RECOMMENDATION
Before the court is Christopher Palermo’s motion to dismiss
defendant Paul Casico from this action (doc. no. 30).

The

motion has been referred to this magistrate judge for proposed
findings of fact and a recommendation as to disposition.

The

court construes the motion as a motion for voluntary dismissal,
filed pursuant to Fed. R. Civ. P. 41(a)(2).

That rule permits

the court to dismiss an action at the plaintiff’s request.

See

id.
Defendants have not objected or otherwise responded to the
request.

Accordingly, the court recommends that the motion

(doc. no. 30) be granted, and that Casico be dismissed from this
action without prejudice.

See id. (“Unless the order states

otherwise, dismissal under this paragraph [] is without
prejudice.”).

Any objections to this report and recommendation must be
filed within fourteen days of receipt of this notice.
R. Civ. P. 72(b)(2).

See Fed.

Failure to file objections within the

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

See United States v. De Jesús-Viera, 655 F.3d 52, 57

(1st Cir. 2011), cert. denied, 132 S. Ct. 1045 (2012); Sch.
Union No. 37 v. United Nat’l Ins. Co., 617 F.3d 554, 564 (1st
Cir. 2010) (only issues fairly raised by objections to
magistrate judge’s report are subject to review by district
court; issues not preserved by such objection are precluded on
appeal).
__________________________
Landya McCafferty
United States Magistrate Judge
September 12, 2012
cc:

Christopher M. Palermo, pro se
Brian W. Buonamano, Esq.

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