Valerio v. NH Department of Corrections, Commissioner et al

Filing 56

ORDER denying 47 Motion to Dismiss; approving 54 Report and Recommendation. So Ordered by Judge Landya B. McCafferty.(js)

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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. 54) and deny defendants’ motion to dismiss (Doc. no. 47). “‘[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.

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