Morales v. NH Attorney General et al

Filing 43

///ORDER approving 40 Report and Recommendation. Claims 2(a), 2(b), 3, and 4 of plaintiff's Third Amended Complaint are dismissed and all defendants, other than CO John Doe 2, Maj. Jon Fouts, Capt. Roderick Greenwood, and Sgt. Keith Forcier are dropped from this case. So Ordered by Judge Steven J. McAuliffe. (lw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Irvin Morales
v.

Case No. 17-cv-234-SM

NH Attorney General, et al

ORDER

No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated June 17, 2019, for the reasons set forth
therein.

Claims 2(a), 2(b), 3, and 4 of plaintiff’s Third

Amended Complaint are dismissed and all defendants, other than
CO John Doe 2, Maj. Jon Fouts, Capt. Roderick Greenwood, and
Sgt. Keith Forcier are dropped from this 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. 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).

____________________________
Steven J. McAuliffe
United States District Judge
Date: July 10, 2019
cc:

Irvin Morales, pro se
Lawrence Edelman, Esq.