Hanson v. NH State Prison Literary Review Committee et al

Filing 21

///ORDER approving 18 Report and Recommendation; denying without prejudice 9 Motion to Amend. Plaintiff's claims 3, 4, and 5 are dismissed for failure to state a claim. Defendants Major Fouts, Sgt. St. Peter, and Hearings Officer Hickman are dismissed from this action. So Ordered by Judge Steven J. McAuliffe.(jbw)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Michael Hanson v. Case No. 14-cv-132-SM NH State Prison Literary Review Committee, 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 April 13, 2015, for the reasons set forth therein. Plaintiff’s Claims 3, 4, and 5 are dismissed for failure to state a claim. Defendants Maj. Fouts, Sgt. St. Peter, and Hearings Officer Hickman are hereby dismissed from this action. Plaintiff’s motion to supplement the complaint (document no. 9) is denied without prejudice. “‘[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). SO ORDERED. ____________________________ Steven J. McAuliffe United States District Judge Date: May 11 , 2015 cc: Michael Hanson, pro se Kenneth Sansone, Esq.

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