Sweeney v. NH State Prison

Filing 47

/// ORDER approving 45 Report and Recommendation; granting 38 Defendants' Motion for Summary Judgment. The clerk of Court shall enter judgment in accordance with this order and close the case. So Ordered by Judge Steven J. McAuliffe.(jab) Modified on 12/3/2013 to correct filing date. (jab).

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

John J. Sweeney, Jr.
V"

Case No. 12-cv-276-SM

NH State Prison, 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
October 28, 2013, for the reasons set forth therein.

[0] 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, 7 92 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).
The defendants' motion for summary judgment (document no. 38)
is hereby granted.

The Clerk of Court shall enter judgment in

accordance with this order and close the case.

SO ORDERED.

United

Date: December 2, 2013
cc:

John J. Sweeney, Jr., pro se
Francis Charles Fredericks, Esq.
Nancy J. Smith, Esq.

IcAul:
:es Distric

Judge