Waite v. Hoyt et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Richard A. Waite
v.
Chaplain D. Hoyt et al.
Case No. 22-cv-71-SE-AJ
ORDER
No objection having been filed, I herewith approve the Report and Recommendation of
Magistrate Judge Andrea K. Johnstone dated April 18, 2024. For the reasons explained therein, the
plaintiff’s motion to amend (Doc. No. 10) is denied to the extent that he seeks to add any Laaman
settlement agreement claims, and denied to the extent that he seeks to add any Fifth Amendment Takings
Clause claims, and is otherwise denied, without prejudice to his ability to file up to three new complaints,
initiating new cases, in which he may litigate his Eighth Amendment dental care claims, his Eighth
Amendment sleep deprivation claims, and his Sixth Amendment and Fourteenth Amendment legal mail
claims.
“‘[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).
____________________________
Samantha D. Elliott
United States District Judge
Date: May 15, 2024
cc: Richard A. Waite, pro se
Nathan W. Kenison-Marvin, Esq.
Case 1:22-cv-00071-SE-AJ Document 26 Filed 05/15/24 Page 1 of 1