Gosselin v. Kench, et al

Filing 11

/// ORDER approving 9 Report and Recommendation; dismissing 1 Complaint (document nos. 1, 5 and 7). So Ordered by Judge Steven J. McAuliffe.(jab)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE John J. Gosselin v. Case N o . 12-cv-514-SM Christopher Kench, 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 June 7 , 2013. “‘[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). Plaintiff’s claims and all defendants named in the complaint (document nos. 1 , 5 , and 7 ) are hereby dismissed. Plaintiff’s federal claims are also dismissed with prejudice for failure to state a claim; his state law claims are dismissed without prejudice to allow him to raise those claims in the state courts. The Clerk of Court shall enter judgment in accordance with this order and close the case. SO ORDERED. n____p r r cAuliffe tes District Judge Date: June 2 6 , 2013 cc: John J. Gosselin, pro se

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