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PICKENS v. NEW HAMPSHIRE DEPARTMENT OF CORRECTIONS, COMMISSIONER, 14-cv-28-SM. (2015)

Court: District Court, D. New Hampshire Number: infdco20150205b54 Visitors: 4
Filed: Feb. 03, 2015
Latest Update: Feb. 03, 2015
Summary: ORDER STEVEN J. McAULIFFE, District Judge. No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated January 9, 2015, for the reasons set forth therein. "`[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
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ORDER

STEVEN J. McAULIFFE, District Judge.

No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated January 9, 2015, for the reasons set forth therein. "`[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).

Pickens's request for leave to withdraw Document No. 31 is granted. The two motions to amend the complaint (document nos. 33 and 35) are granted, in part, to the extent consistent with the January 9, 2015 Report and Recommendation and are otherwise denied.

SO ORDERED.

Source:  Leagle

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