Raymond v. USDA

Filing 12

ORDER denying without prejudice 4 Motion to Stop House Auction and Filing Tort Act; approving 6 Report and Recommendation; denying as moot 7 Motion for Objection to House Auction. Defendant's motion to dismiss (Doc. No. 10) is referred to the Magistrate Judge. So Ordered by Judge Paul J. Barbadoro.(js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Janet M. Raymond
v.

Case No. 18-cv-114-PB

United States Department of Agriculture

ORDER

No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated April 5, 2018, and deny the motion to stop the
foreclosure sale (Doc. No. 4), without prejudice to plaintiff’s
ability to refile a similar motion if the foreclosure sale is
rescheduled while this case remains pending.

“‘[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).

Plaintiff's Motion for Objection (Doc. No. 7) is denied as
moot. Defendant's motion to dismiss (Doc. No. 10) is referred to
the Magistrate Judge.

/s/ Paul Barbadoro
____________________________
Paul Barbadoro
United States District Judge

Date: May 10, 2018

cc: Janet Raymond, pro se
Michael McCormack, AUSA

2