Plasencia et al v. Lang et al

Filing 29

ORDER approving 28 Report and Recommendation of U.S. Magistrate Judge Johnstone; denying 16 Motion to Reopen Case, denying as moot 17 Motion to Extend Time, denying as moot 20 Motion to Amend; denying 23 Motion to Reopen Case. So Ordered by Judge Landya B. McCafferty.(jbw) Modified on 8/17/2017 to correct docket text. (jbw).

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Robinson Plasencia and
v.

Case No. 15-cv-249-LM

Michael K. Lang 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 24, 2017, for the reasons set forth
therein.

“‘[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).
The Plaintiffs’ motions to reopen the case are hereby
denied (document nos. 16, 23), and their other pending motions
to extend trial date and to amend complaint (document nos. 17,
20) are hereby denied as moot.

SO ORDERED.
____________________________
Landya B. McCafferty
United States District Judge
Date: August 16, 2017
cc:

Robinson Plasencia, pro se
Indramira Plasencia, pro se
Brian J.S. Cullen, Esq.