Potts NH RE, LLC v. Northgate Classics, LLC

Filing 34

ORDER approving 33 Report and Recommendations; denying 3 Motion for Preliminary Injunction. So Ordered by Judge Steven J. McAuliffe.(jab)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Potts NH RE, LLC
v.

Case No. 12-cv-82-SM

Northgate Classics, LLC
d/b/a Northgate, LLC

ORDER

I herewith approve the Report and Recommendation of Magistrate Judge
Landya B. McCafferty dated May 10, 2012, no objection having been filed, for the
reasons set forth therein. "'[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 for Preliminary Injunction (document no. 3) is hereby
denied.

SO ORDERED.

May 30, 2012

cc:

Daniel P. Luker, Esq.
Peter G. Callaghan, Esq.
Jack P. Crisp, Jr., Esq.

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