Stile v. US Marshals Services, et al

Filing 55

ORDER approving 44 Report and Recommendation; denying without prejudice 28 MOTION to Amend 1 Complaint to Add New Claim. So Ordered by Judge Steven J. McAuliffe.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
James Stile
v.

Case No. 15-cv-494-SM

US Marshals Service, 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 31, 2016 (doc. no. 44), 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).
Plaintiff’s motion to amend (doc. no. 28) is hereby denied
without prejudice.

The court declines to add a First Amendment

claim concerning incoming mail to plaintiff while he was being

held at Strafford County (NH) Department of Corrections (SCDC)
in 2013, and also declines to join SCDC Lt. Lee as a defendant
in this matter.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: February 2, 2017
cc:

James Stile, pro se
Corey M. Belobrow Esq.