Dale v. Northern NH Correctional Facility, Warden

Filing 13

/// ORDER approving 12 Report and Recommendation, granting in part 10 Motion to Dismiss as to Claim 2 only; otherwise, the motion is denied. So Ordered by Judge Steven J. McAuliffe.(Answer Follow Up on 5/3/2017.) (jbw)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE James Dale v. Case No. 16-cv-292-SM Northern NH Correctional Facility, Warden O R D E R No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated March 29, 2017, 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). Respondent’s Motion to Dismiss (document no. 10) is granted, in part, to the extent it seeks dismissal of Claim 2; otherwise, the motion is denied. SO ORDERED. ____________________________ Steven J. McAuliffe United States District Judge Date: April 19, 2017 cc: James Dale, pro se Elizabeth C. Woodcock, Esq.

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