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)

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