Valerio v. NH Department of Corrections, Commissioner et al

Filing 55

///ORDER granting in part and denying in part 49 MOTION to Amend Pleadings; approving 53 Report and Recommendation. So Ordered by Judge Landya B. McCafferty.(js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Dwayne M. Valerio
v.

Case No. 15-cv-248-LM

N.H. Department of Corrections
Commissioner William Wrenn, 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 October 23, 2017, (Doc. no. 53) and order the
following:
1. I grant in part and deny in part Valerio’s motion to
amend complaint (Doc. No. 49). The motion is granted to the
extent Valerio seeks to assert a First Amendment claim against
defendant CO FNU Marissa and CO FNU Sauerhaben. The motion to
amend is otherwise denied;
2. All of the defendants named in the second amended
complaint are dropped from this action, with the exception of
CO FNU Marissa and CO FNU Sauerhaben;
3. The clerk’s office is directed to docket Valerio’s
Proposed Second Amended Complaint (Doc. No. 49-3) as the Second
Amended Complaint, as if filed on the date of this Order
approving the October 2017 Report and Recommendation; and

4. The magistrate judge is to direct service of the Second
Amended Complaint upon defendants Marissa and Sauerhaben.
“‘[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).

____________________________
Landya B. McCafferty
United States District Judge
Date: November 29, 2017
cc:

Dwayne M. Valerio, pro se
Seth Michael Zoracki, Esq.