Cullen v. NH Department of Corrections, Commissioner

Filing 19

/// ORDER approving 13 Report and Recommendation. Plaintiff Cullen's Claim 1(a) is hereby dismissed. So Ordered by Judge Steven J. McAuliffe.(jbw)

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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. 13), for the reasons set forth therein. Plaintiff Cullen’s Claim identified as 1(a) (claiming that the one-tote policy has been applied at Northern NH Correctional Facility but not at the New Hampshire State Prison, is hereby dismissed. “‘[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.

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