Roy v. NH Department of Corrections, Commissioner et al

Filing 20

ORDER denying 14 Motion for Reconsideration Re: 10 Report and Recommendation.Any objection to the 8/30/12 Report and Recommendation must be filed within 14 days of the date of this order. So Ordered by Magistrate Judge Landya B. McCafferty.(dae)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Steven J. Roy
v.

Civil No. 12-cv-303-JD

William Wrenn at al.1

O R D E R
Before the court is plaintiff’s motion to reconsider (doc.
no. 14) the August 30, 2012, report and recommendation (doc. no.
10).

The motion (doc. no. 14) is before the magistrate judge

for a ruling, pursuant to United States District Court District
of New Hampshire Local Rule (“LR”) 7.2(e).
On this date, the undersigned magistrate judge has issued a
(second) report and recommendation, following preliminary review
of Roy’s complaint (doc. nos. 1, 11 and 16), recommending that
the complaint be dismissed in its entirety, and that the motion
for preliminary injunction (doc. no. 3) be denied on that basis.
As today’s report and recommendation provides an additional
ground for denying the motion for a preliminary injunction, the

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Roy has named as defendants New Hampshire Department of
Corrections Commissioner William Wrenn, New Hampshire State
Prison (“NHSP”) Warden Richard Gerry, and NHSP Major Jon Fouts.

court declines to reconsider its prior recommendation that the
motion for preliminary injunction be denied.
Conclusion
For the foregoing reasons, the motion to reconsider (doc.
no. 14) is denied.

Pursuant to LR 7.2(e), any objections to the

August 30, 2012, report and recommendation (doc. no. 10) must be
filed within fourteen days of the date of this order.

Failure

to file objections within the specified time waives the right to
appeal the district court’s order.

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
December 14, 2012
cc:

Steven J. Roy, pro se

LBM:nmd

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