Lombardo et al v. Federal National Mortgage Association et al

Filing 24

ORDER approving 23 Report and Recommendation; denying without prejudice 17 Motion to Rescind Foreclosure Sale and Restore Mortgage. So Ordered by Judge Steven J. McAuliffe.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Norman Lombardo and
Kimberly Lombardo
V.

Case No. 16-cv-160-SM

Federal National Mortgage Association
and Ditech Financial, LLC

O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated November 15, 2016, 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).
The Defendant’s Motion to Rescind Foreclosure Sale and
Restore Mortgage is hereby denied without prejudice (document
no. 17).

SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: December 13, 2016
cc:

Mary F. Stewart, Esq.
Amy B. Hackett, Esq.
David Himelfarb, Esq.