Valerio v. NH Department of Corrections, Commissioner et al

Filing 45

/// ORDER approving 41 Report and Recommendation; granting 21 Motion for Summary Judgment. Defendant Johnson is dismissed from this action. So Ordered by Judge Landya B. McCafferty.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Dwayne M. Valerio
v.

Case No. 15-cv-248-LM

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 February 1, 2017 (doc. no. 41), 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).
Defendant Johnson’s Motion for Summary Judgement is hereby
granted, and she is dismissed from this action.

SO ORDERED.
____________________________
Landya B. McCafferty
United States District Judge
Date: March 6, 2017
cc:

Dwayne M. Valerio, pro se
Seth M. Zoracki, Esq.