Pickens v. NH Department of Corrections, Commissioner et al

Filing 30

/// ORDER approving 23 Report and Recommendation. So Ordered by Judge Steven J. McAuliffe.(jab)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Ivan Mosi Pickens
v.
Case No. 14-cv-28-SM
Commissioner, NH Department of
Corrections, et al.

O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated September 9, 2014, 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).
All claims asserted against the defendants in their
official capacities are hereby dismissed.

All claims against

defendants Landry, Wrenn, Masse and the Acting NCF Warden/John

Doe 1 are hereby dismissed, and those defendants are also
dismissed as defendants from this case.

The case will proceed

on Claim 1 (Eighth Amendment failure to protect claim) against
defendant Oliver and Claim 2 (Fourteenth Amendment equal
protection claim) against defendants Baker, King and John Doe 3.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: October 2, 2014
cc:

Ivan Mosi Pickens, pro se
Nancy J. Smith, Esq.
Lynmarie C. Cusack, Esq.