Valerio v. NH Department of Corrections, Commissioner et al

Filing 56

ORDER denying 47 Motion to Dismiss; approving 54 Report and Recommendation. So Ordered by Judge Landya B. McCafferty.(js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Dwayne M. Valerio
v.

Case No. 15-cv-248-LM

N.H. Department of Corrections
Commissioner 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 October 23, 2017, (Doc. no. 54) and deny
defendants’ motion to dismiss (Doc. no. 47).

“‘[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).

____________________________
Landya B. McCafferty
United States District Judge
Date: November 29, 2017
cc:

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