Cullen v. NH Department of Corrections, Commissioner

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Allan Cullen, Ronald Bourdon,
and Scott Rodgers
V.
New Hampshire Department of Corrections
Commissioner William Wrenn
Case No. 16-cv-537-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 May 4, 2017 (document no. 13), for the reasons
set forth therein. 	Plaintiff Cullen’s Claim identified as 1(a)
(claiming that the one-tote policy has been applied at Northern
NH Correctional Facility but not at the New Hampshire State
Prison, is hereby dismissed.
“‘[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
Case 1:16-cv-00537-SM Document 19 Filed 05/31/17 Page 1 of 2

to magistrate's report will waive the right to appeal).
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: May 31, 2017
cc: 	Allan Cullen, pro se
Ronald Bourdon, pro se
Scott Rogers, pro se
Francis C. Fredericks, Esq.
Case 1:16-cv-00537-SM Document 19 Filed 05/31/17 Page 2 of 2