Valerio v. NH Department of Corrections, Commissioner, 15-cv-248-LM. (2017)
Court: District Court, D. New Hampshire
Number: infdco20171201c67
Visitors: 21
Filed: Nov. 29, 2017
Latest Update: Nov. 29, 2017
Summary: ORDER LANDYA B. McCAFFERTY , District Judge . No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated October 23, 2017, (Doc. no. 54) and deny defendants' motion to dismiss (Doc. no. 47). "`[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.
Summary: ORDER LANDYA B. McCAFFERTY , District Judge . No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated October 23, 2017, (Doc. no. 54) and deny defendants' motion to dismiss (Doc. no. 47). "`[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. C..
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ORDER
LANDYA B. McCAFFERTY, District Judge.
No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated October 23, 2017, (Doc. no. 54) and deny defendants' motion to dismiss (Doc. no. 47). "`[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).
Source: Leagle