Beers v. NH Governor et al

Filing 95

/// ORDER approving 59 Report and Recommendation, denying 49 Motion to Amend Complaint to add additional claims against defendants Wrenn, Forbes, Kench, Foster, Gerry and an unnamed John Doe defendant. So Ordered by Judge Steven J. McAuliffe.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Timothy Beers
v.

Case No. 15-cv-454-SM

NH Governor, 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 March 8, 2017, for the reasons set forth therein
(document no. 59).

“‘[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).
Plaintiff’s Motion to Amend Complaint (document no. 49) is
hereby denied to the extent Mr. Beers seeks to add claims
against defendants Wrenn, Forbes, Kench, Foster, Gerry and an

unnamed John Doe defendant.

SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: September 26, 2017
cc:

Timothy Beers, pro se
Francis C. Fredericks, Esq.
Lynmarie C. Cusack, Esq.
Seth M. Zoracki, Esq.