Polansky v. NH Department of Corrections, Commissioner et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Christopher Polansky
v. Civil No. 13-cv-458-JL
Annmarie McCoole
REPORT AND RECOMMENDATION
Before the court is the November 10, 2014, Amended
Complaint (doc. no. 66), filed by Attorney Cairns on plaintiff
Christopher Polansky’s behalf. The Amended Complaint supersedes
and moots all other pleadings filed by Polansky pro se, and is
before this court for preliminary review, pursuant to LR
4.3(d)(1) and 28 U.S.C. § 1915A. The standard applied by this
court in conducting that preliminary review is set forth in this
court’s April 25, 2014 Order (doc. no. 35), and need not be
repeated here.
The Amended Complaint asserts federal claims against one
defendant in this action, Annmarie McCoole, and McCoole has
filed an answer to that pleading, see Doc. No. 67. Because the
Amended Complaint (doc. no. 66) is the operative complaint in
this case, and asserts claims against McCoole only, the district
judge should drop the remaining defendants from this case.
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Any objections to this Report and Recommendation must be
filed within fourteen days of receipt of this notice. See Fed.
R. Civ. P. 72(b)(2). Failure to file objections within the
specified time waives the right to appeal the District Court’s
order. See United States v. De Jesús-Viera, 655 F.3d 52, 57
(1st Cir. 2011); Sch. Union No. 37 v. United Nat’l Ins. Co., 617
F.3d 554, 564 (1st Cir. 2010) (only issues fairly raised by
objections to magistrate judge’s report are subject to review by
district court; issues not preserved by such objection are
precluded on appeal).
__________________________
Andrea K. Johnstone
United States Magistrate Judge
December 8, 2014
cc: R. Matthew Cairns, Esq.
Lynmarie C. Cusack, Esq.
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