Pickens v. NH Department of Corrections, Commissioner et al

Filing 177

/// ORDER approving 173 Report and Recommendation; granting 136 Defendants' Motion for Summary Judgment. The Court also dismisses, without prejudice, all claims asserted against defendant Howard Kelley pursuant to Federal Rule of Civil Procedure 4(m). So Ordered by Judge Steven J. McAuliffe.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Ivan Mosi Pickens
v.
Judy Baker, Jason Goyette,
Keith Griffin, Ralph Jesseman,
Howard Kelley, Robert King,
Michael McCann, Edward McFarland,
Terry Liver, Michael Wedge and
David Wilson

Case No. 14-cv-28-SM

O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated January 22, 2016, for the reasons set forth
therein.

The court notes that the plaintiff had filed a Notice

of Denial of Legal Documents, Legal Calls and Access to the Law
Library (document no. 175) as well as a Notice of Change of
Address (document no. 176).

However, the plaintiff did not

file any correspondence or pleadings requesting a continuance of
his time within which to file an objection or response to the
Report and Recommendation.
“‘[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 Court hereby grants the defendants’ motion for summary
judgment (document no. 136), as to all claims asserted against
defendants Judy Baker, Jason Goyette, Keith Griffin, Ralph
Jesseman, Robert King, Michael McCann, Edward McFarland, Terry
Oliver, Michael Wedge, and David Wilson.

The Court also

dismisses, without prejudice, all claims asserted against
defendant Howard Kelley, the remaining defendant, pursuant to
Federal Rule Civil Procedure 4(m).

Plaintiff’s petition for a

writ of habeas corpus ad testificandum (document no. 168) is
hereby denied as moot.
The Clerk of Court shall enter judgment in accordance with
this order and close the case.

SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: February 23, 2016
cc:

Ivan Mosi Pickens, Pro Se
Lynmarie C. Cusack, Esq.