1:22-cv-00298 | Omnilex

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UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America
v.
Audris E. Clark and Dean M. Clark
d/b/a DMC Surveyors
Case No. 22-cv-298-LM
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated June 28,
2023. For the reasons explained therein, the government’s motion for
default judgment (Doc. No. 10) as to all claims (Counts I, II, and
III) is granted. Judgment is entered in the amounts of $92,361.39 as
to the Clarks for income tax liabilities, $38,004.67 as to Dean Clark
for employment tax liabilities, and $13,894.51 as to Dean Clark for
unemployment tax liabilities.
“‘[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).
/s/ Landya B. McCafferty
Landya B. McCafferty
Chief Judge
Date: August 7, 2023
Case 1:22-cv-00298-LM Document 16 Filed 08/07/23 Page 1 of 2

cc: Counsel of Record
Case 1:22-cv-00298-LM Document 16 Filed 08/07/23 Page 2 of 2

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UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
United States of America
Vv.

Case No. 22-cv-298-LM

Audris E. Clark and Dean M. Clark
d/b/a DMC Surveyors

ORDER

No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated June 28,
2023. For the reasons explained therein, the government’s motion for
default judgment (Doc. No. 10) as to all claims (Counts I, II, and
III) is granted. Judgment is entered in the amounts of $92,361.39 as
to the Clarks for income tax liabilities, $38,004.67 as to Dean Clark
for employment tax liabilities, and $13,894.51 as to Dean Clark for
unemployment tax liabilities.

“*{TO]Jnly 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 (lst Cir.1988)); see also United States v. Valencia-

Copete, 792 F.2d 4, 6 (lst Cir. 1986) (after proper notice, failure to
file a specific objection to magistrate's report will waive the right
to appeal).

/s/ Landya B. McCafferty

Landya B. McCafferty
Chief Judge

Date: August 7, 2023

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

Case 1:22-cv-00298-LM Document16 Filed 08/07/23 Page 2 of 2

cc: Counsel of Record

USA v. Clark et al

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