Dale v. Northern NH Correctional Facility, Warden
/// 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)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Case No. 16-cv-292-SM
Northern NH Correctional Facility,
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
“‘[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
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.
Steven J. McAuliffe
United States District Judge
Date: April 19, 2017
James Dale, pro se
Elizabeth C. Woodcock, Esq.
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