Amatucci v. Young et al

Filing 296

///ORDER approving 290 Report and Recommendation; granting 255 Motion to Dismiss pursuant to R. 37(b)(2)(A)(v) failure to comply with Court Order; granting 256 Motion to Dismiss pursuant to R. 37(b)(2)(A) failure to co mply with court order discovery; denying as moot 284 Motion for Hearing; denying as moot 289 Motion for Leave to File Motion for Summary Judgment; denying as moot 292 Motion for Judgment as a Matter of Law; denying as moot 293 Motion for Summary Judgment; denying as moot 295 Motion Seeking Court to File a Subpoena to Melissa Young, to Appear and Testify at a Hearing. The clerk of court shall enter judgment and close the case. So Ordered by Judge Steven J. McAuliffe.(lw)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Josephine Amatucci v. Case No. 18-cv-1227-SM-AJ Richard M. Young, Jr., et al ORDER No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated May 8, 2024, for the reasons set forth therein. Defendants’ motions to dismiss (doc. nos. 255 and 256) are granted. This case is dismissed with prejudice and all pending motions are denied as moot. “‘[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). The clerk of court shall enter judgment and close the case. So Ordered. ____________________________ Steven J. McAuliffe United States District Judge Date: June 3, 2024 cc: Josephine Amatucci, pro se Counsel of Record

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