Doiron v. Lamay et al

Filing 33

ORDER denying 9 Motion to Dismiss for Failure to State a Claim; approving 31 Report and Recommendation. So Ordered by Judge Paul J. Barbadoro.( Answer Follow Up on 9/5/2017)(vln)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Arthur Doiron v. Civil No. 16-cv-00326-PB Robert LeMay, 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 July 25, 2017. For the reasons explained in the Report and Recommendation, the defendants’ motion to dismiss (Doc. No. 9) is denied. “‘[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). SO ORDERED. ____________________________ /s/ Paul Barbadoro Paul Barbadoro United States District Court Date: August 21, 2017 cc: Counsel of Record Arthur Doiron, pro se

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