Pickens v. NH Department of Corrections, Commissioner et al

Filing 58

ORDER approving 44 Report and Recommendation; granting in part and denying in part 33 MOTION for Leave to File Amended Complaint ; granting in part and denying in part 35 MOTION for Leave to File Amended Complaint. Plaintiff's request for leave to withdraw Complaint Addendum, doc. no. 31, is granted, and defendants' objection (doc. no. 32) is deemed moot, without prejudice. 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
New Hampshire Department of
Corrections, Commissioner, 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 January 9, 2015, 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).
Pickens’s request for leave to withdraw Document No. 31 is
granted. The two motions to amend the complaint (document nos. 33
and 35) are granted, in part, to the extent consistent with the

January 9, 2015 Report and Recommendation and are otherwise denied.

SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: February 3, 2015
cc:

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