Martinko v. NH Department of Corrections et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
David M. Martinko
v.
NH Department of Corrections, et al.
Case No. 22-cv-238-LM-AJ
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated January 6, 2026.
For the reasons explained therein, plaintiff’s motion to join Deborah Hussey, Joanne
Azonabor, Kristin Zaleski, Hather MacFarland, and John Kostandin as new
defendants in their individual and official capacities, or to substitute them for the
John Does in the Complaint (Doc. No. 130) is DENIED. “‘[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).
____________________________
Landya B. McCafferty
United States District Judge
Date: February 12, 2026
cc: David M. Martinko, pro se
Counsel of Record
Case 1:22-cv-00238-LM-AJ Document 154 Filed 02/12/26 Page 1 of 1