Kelly v. Strafford County Department of Corrections, Superintendent et al

Filing 19

/// ORDER approving 9 Report and Recommendation. Plaintiffs Fourteenth Amendment claims asserted against Superintendent Dowaliby and Sheriff Dubois are hereby dismissed. So Ordered by Judge Steven J. McAuliffe.(jab)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Howard D. Kelly
v.
Case N o . 13-cv-107-SM
Warren Dowaliby 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 3 , 2013, 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 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).
Plaintiff’s Fourteenth Amendment claims asserted against
Superintendent Dowaliby and Sheriff Dubois are hereby dismissed.
Plaintiff’s Fourteenth Amendment medical care claims against Nurse
Practitioner Tracy Warren, and Medical Technicians Rebecca Eischen
and Dawn Dow will go forward.

SO ORDERED.

Date: July 2 2 , 2013
cc:

Howard D. Kelly, pro se