Thurber v. Bank of New York Mellon et al

Filing 9

///ORDER denying 3 Motion for Temporary Restraining Order. ; approving 7 Report and Recommendations. The case is hereby dismissed. So Ordered by Judge Paul J. Barbadoro.(vln)

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
Sallie Thurber
v.

Civil No. 12-cv-245-PB

Bank of New York Mellon, et al
O R D E R
After due consideration of the objection filed, I
herewith approve the Report and Recommendation of
Magistrate Judge Landya B. McCafferty dated July 18, 2012.
The plaintiff’s motion for temporary restraining order
(doc. no 3) is denied, and the case is dismissed for lack
of subject matter jurisdiction. " '[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).
SO ORDERED.

August 2, 2012
/s/ Paul Barbadoro
Paul Barbadoro
United States District Judge

cc: Sallie Thurber, Pro Se