Perez v. Cheshire County Department of Corrections et al

Filing 7

///ORDER denying without prejudice 3 Motion for Preliminary Injunction; approving 6 Report and Recommendation. So Ordered by Judge Paul J. Barbadoro.(js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Efrain V. Perez
v.

Case No. 17-cv-324-PB

Cheshire County Department of Corrections
and United States Marshals Service

O R D E R

No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated December 7, 2017, and dismiss the complaint and
deny without prejudice the motion for preliminary injunctive
relief (Doc. No. 3) for failure to pay the filing fee or obtain
in forma pauperis status in this matter.

“‘[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. ValenciaCopete, 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).

/s/ Paul Barbadoro
____________________________
Paul Barbadoro
United States District Judge
Date: January 12, 2018
cc: Efrain V. Perez, pro se