Hart v. Goulette et al

Filing 104

///ORDER approving 103 Report and Recommendation. So Ordered by Judge Paul J. Barbadoro.(vln)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Kenneth H. Hart v. Case No. 16-cv-28-PB Ryan Goulette, et al ORDER No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated August 7, 2018 . “‘[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. ValenciaCopete, 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). For reasons set forth in the Report and Recommendation, the defendants’ motion for summary judgment (doc. no. 96), is granted. Dr. Linda DeLorey’s Rule 54(b) motion (doc. no. 95), is denied as moot. The clerk shall enter judgment and close the case. /s/ Paul J. Barbadoro Paul J. Barbadoro United States District Judge Date: August 29, 2018 cc: Kenneth H. Hart, pro se Jonathan A. Lax, Esq. Seth Michael Zoracki, Esq.

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