Cullen v. NH Department of Corrections, Commissioner

Filing 18

/// ORDER approving 15 Report and Recommendation. Plaintiffs Ronald Bourdon and Scott Rogers are hereby dismissed from this action. So Ordered by Judge Steven J. McAuliffe.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Allan Cullen, Ronald Bourdon,
and Scott Rodgers
V.

Case No. 16-cv-537-SM

New Hampshire Department of Corrections
Commissioner William Wrenn

O R D E R

No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated May 4, 2017 (document no. 15), for the reasons
set forth therein.

Plaintiffs Ronald Bourdon and Scott Rodgers

are hereby dismissed as plaintiffs from this action as the
complaint contains no viable claims for relief as to those
plaintiffs.
“‘[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.
____________________________
Steven J. McAuliffe
United States District Judge
Date: May 31, 2017
cc:

Allan Cullen, pro se
Ronald Bourdon, pro se
Scott Rogers, pro se
Francis C. Fredericks, Esq.