Thomas v. FCI Berlin, Warden et al

Filing 54

ORDER approving 53 Report and Recommendation; denying 45 Motion to Dismiss for Failure to State a Claim. So Ordered by Judge Steven J. McAuliffe.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Oliver Thomas
v.

Case No. 16-cv-12-SM

FCI Berlin, Warden, 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 June 21, 2017, for the reasons set forth
therein.

“‘[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).
Defendants’ motion to dismiss (doc. No. 45) is hereby
denied.

With respect to Counts I and II, the motion to dismiss

is denied without prejudice to defendants’ ability to move for
summary judgment on the PLRA exhaustion.

SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: July 17, 2017
cc:

Oliver Thomas, pro se
Terry L. Ollila, AUSA