Beninson v. US Social Security Administration, Acting Commissioner

Filing 17

///ORDER denying 10 Motion to Reverse Decision of Commissioner; granting 13 Motion to Affirm Decision of Commissioner; approving 16 Report and Recommendation. So Ordered by Judge Paul J. Barbadoro.(js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Martin Beninson
v.
Case No. 17-cv-00371-PB
Nancy A. Berryhill, Acting
Commissioner, Social
Security Administration

ORDER

No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated February 4, 2019, the motion to reverse,
document no. 10, is denied, the motion to affirm, document no.
13, is granted, and the clerk of the court is directed to enter
judgment and close the case.

“‘[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: February 21, 2019
cc: Counsel of Record