Rubisch et al v. NH Department of Corrections

Filing 23

/// ORDER approving 22 Report and Recommendation, dismissing 14 Motion for Summary Judgment; dismissing 17 MOTION to Extend Deadline; dismissing 18 MOTION to Amend Complaint; dismissing 19 Motion to Dismiss. So Ordered by Judge Landya B. McCafferty.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Christopher John

Rubisch
v.

Case No. 15-cv-9-LM

New Hampshire Department of Corrections

O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated September 15, 2015, 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).
This case is dismissed, without prejudice, for failure to
prosecute.

The court further dismisses all pending motions for

summary judgment (doc. no. 14), to extend deadline (doc. no. 17,
to amend complaint (doc. no. 18), and to dismiss (doc. no. 19).

The Clerk of Court shall enter judgment in accordance with
this order and close the case.

SO ORDERED.
____________________________
Landya B. McCafferty
United States District Judge
Date: October 13, 2015
cc:

Christopher John Rubisch, pro se