Breton v. US Internal Revenue Service, Commissioner et al

Filing 7

/// ORDER approving 5 Report and Recommendation dismissing the 1 Complaint and denying 3 Ex Parte Motion for Preliminary Injunction. So Ordered by Judge Steven J. McAuliffe.(jab)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Ghislain Alyre Lucien Joseph Breton
v.
Case N o . 13-cv-136-SM
U.S. Internal Revenue Service,
Commissioner, et a l .

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 April 1 0 , 2013 (document n o . 5 ) , 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 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 motion for a preliminary injunction (document n o .
3 ) is hereby denied, and his complaint (document n o . 1 ) is hereby
dismissed.

SO ORDERED.

District Judge
Date: April 2 5 , 2013
cc:

Ghislain Alyre Lucien Joseph Breton, pro se