Dale v. Northern NH Correctional Facility, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
James Dale
v.
Northern NH Correctional Facility,
Warden
Case No. 16-cv-292-SM
O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated March 29, 2017, 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).
Respondent’s Motion to Dismiss (document no. 10) is
granted, in part, to the extent it seeks dismissal of Claim 2;
otherwise, the motion is denied.
Case 1:16-cv-00292-SM Document 13 Filed 04/19/17 Page 1 of 2

SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: April 19, 2017
cc: 	James Dale, pro se
Elizabeth C. Woodcock, Esq.
Case 1:16-cv-00292-SM Document 13 Filed 04/19/17 Page 2 of 2