Kelley et al v. Russell et al

Filing 15

///ORDER denying as moot 3 Application to Proceed Without Prepayment of Fees or Costs; approving 7 Report and Recommendation; approving 14 Report and Recommendation. So Ordered by Judge Paul J. Barbadoro.(js) Modified on 10/14/2020 to add: ///(js).

Case 1:20-cv-00162-PB Document 15 Filed 10/13/20 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Karyn M. Kelley, et al.
Case No. 20-cv-162-PB

v.
Charles A. Russell, et al.

ORDER
As no objection having been filed as to the Report and
Recommendation of Magistrate Judge Daniel J. Lynch dated
September 8, 2020, and after due consideration of the objection
filed as to the Report and Recommendation of Magistrate Judge
Daniel J. Lynch dated May 4, 2020, I herewith approve the report
and recommendations and dismiss the Trust’s claims without
prejudice for failure to prosecute and deny as moot Plaintiff
Trust’s Application to Proceed in District Court without
Prepaying Fees or Costs (Doc. No. 3). “‘[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

Case 1:20-cv-00162-PB Document 15 Filed 10/13/20 Page 2 of 2

waive the right to appeal).
_/s/Paul Barbadoro______________
Paul Barbadoro
United States District Judge
Date: October 13, 2020

cc: Karyn M. Kelley