McGrath v. Northern NH Correctional Facility, Warden

Filing 39

///ORDER approving 38 Report and Recommendation dismissing claims as outlined; denying 36 Motion to Bar and Preclude respondents answer and other responsive pleading; Hold a New Trial, Vacate Sentence, etc. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Paul J. McGrath
v.

Civil No. 14cv353-JD

NH State Prison, Warden

O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated February 4, 2016.

“‘[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. ValenciaCopete, 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.
/s/ Joseph A. DiClerico, Jr.
Joseph A. DiClerico, Jr.
United States District Judge
Date: February 26, 2016
cc:

Paul J. McGrath, pro se
Elizabeth C. Woodcock, Esq.