Chambers v. Eppolito

Filing 11

/// ORDER approving 10 Report and Recommendation; denying 2 Motion to Proceed in forma pauperis; denying as moot 4 Ex Parte Motion; denying as moot 5 Motion to Appoint Counsel; denying as moot 6 Motion for Subpoena. The 1 complaint is hereby dismissed. So Ordered by Judge Steven J. McAuliffe.(jab)

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Randolph Chambers v. John Eppolito, Jr. ORDER I herewith approve the Report and Recommendation of Magistrate Judge Landya B. McCafferty dated October 26, 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). The plaintiff’s complaint (document no. 1) is hereby dismissed, and the motion to proceed in forma pauperis is denied. All other pending motions are hereby denied as moot. SO ORDERED. Dated: November 29, 2012 cc: Randolph Chambers, pro se _________________________________ Steven J. McAuliffe United States District Judge

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