Capoccia v. Strafford County Department of Corrections, Superintendent et al

Filing 8

ORDER Plaintiff has 14 days from the date of this order to file an objection to the report and recommendation 7 Report and Recommendations( Follow up on Objection on 4/5/2012.) So Ordered by Magistrate Judge Landya B. McCafferty.(mm)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Andrew F. Capoccia
v.

Civil No. 11-cv-345-PB

Warren Dowaliby

O R D E R
A Report and Recommendation (doc. no. 7) issued on November
14, 2011, recommends dismissal of this action without prejudice.
That Report and Recommendation was sent to petitioner, Andrew
Capoccia, at the address on file for him, but it was returned to
the court as undeliverable.
The court has since learned that Capoccia is incarcerated
at United States Penitentiary-Canaan.

The clerk is directed to

send a copy of the Report and Recommendation (doc. no. 7) and
this Order to Capoccia at that facility.
Capoccia is granted leave to file an objection to the
Report and Recommendation (doc. no. 7) within 14 days of the
date of this Order.

Failure to file objections to a magistrate

judge's report and recommendation within the specified time
waives the right to appeal the district court's order on the
report and recommendation.

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).
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge
March 22, 2012
cc:

Andrew F. Capoccia, pro se

LBM:nmd

2