McLain v. Fitter

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Robert Ray McLain
v.
Alexander Fitter, et al
Case No. 23-cv-01-SE
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated July 6, 2023. For the reasons explained therein, the claims for
injunctive relief in this action are dismissed as moot and the motion
for a TRO or preliminary injunction (Doc. No. 2) is denied without
prejudice.
“‘[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).
____________________________
Samantha D. Elliott
United States District Judge
Date: August 3, 2023
cc: Robert Ray McLain, pro se
Case 1:23-cv-00001-SE-AJ Document 7 Filed 08/03/23 Page 1 of 1