Gray v. NH Department of Corrections, Commissioner

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jeffrey M. Gray
v.
Michael A. Zenk, Warden,
New Hampshire State Prison
Case No. 15-cv-508-LM
O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated August 1, 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).
Petitioner’s motions for preliminary and permanent
injunctive relief are hereby denied (document nos. 17, 18, 23,
34), and those claims are dismissed from this case. 	This
dismissal is without prejudice to petitioner’s ability to assert
those claims in a civil rights action brought pursuant to 42
U.S.C. Section 1983.
Case 1:15-cv-00508-LM-AJ Document 52 Filed 08/18/17 Page 1 of 2

SO ORDERED.
____________________________
Landya B. McCafferty
United States District Judge
Date: August 18, 2017
cc: 	Jeffrey M. Gray, pro se
Elizabeth C. Woodcock, Esq.
Case 1:15-cv-00508-LM-AJ Document 52 Filed 08/18/17 Page 2 of 2