Haverstick v. NH State Prison, Warden
Filing
48
ORDER approving 44 Report and Recommendation re 40 Addendum to 1 Complaint, denying Haverstick's request for leave to amend the complaint (doc. no. 40), without prejudice. So Ordered by Judge Paul J. Barbadoro.(js)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Davian L. Haverstick
v.
Civil No. 15-cv-00094-PB
New Hampshire State Prison Warden
Richard Gerry, 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 July 26, 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/ Paul Barbadoro
Paul Barbadoro
United States District Judge
Date: August 24, 2016
cc:
Davian L. Haverstick, pro se
Francis Charles Fredericks, Esq.
Kenneth A. Sanson, Esq.
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