Cullen v. NH Department of Corrections, Commissioner

Filing 44

/// ORDER approving 40 Report and Recommendation; granting 25 Defendant's Motion for Summary Judgment. Court also construes plaintiff's objection to 42 Order denying his motion for reconsideration as a Rule 72(a) Objection, concluding that Magistrate Judge's decision is neither clearly erroneous nor contrary to applicable law. So Ordered by Judge Steven J. McAuliffe.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Allan Cullen
v.

Case No. 16-cv-537-SM

NH Department of Corrections
Commissioner William Wrenn

O R D E R

After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea
K. Johnstone dated January 29, 2018 (document no. 40), for the
reasons set forth therein. Defendant’s Motion for Summary
Judgment is hereby granted.
As the plaintiff also objected to the Order of Magistrate
Judge Andrea K. Johnstone dated February 20, 2018, denying his
Motion for Reconsideration of the Report and Recommendation.

I

am construing it as an objection under Fed. R. Civ. P. 72(a) and
conclude that the Magistrate Judge’s decision is neither clearly
erroneous nor contrary to applicable law.
The Clerk of Court shall enter judgment in accordance with
this order and close the case.
____________________________
Steven J. McAuliffe
United States Magistrate Judge
Date: March 16, 2018
cc:

Allan Cullen, pro se
Frances C. Fredericks, Esq.