Beaulieu v. NH Department of Corrections, Commissioner et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Christopher Beaulieu
a/k/a Crystal Beaulieu
v.
John P. Aulis, et al.
Case No. 14-cv-280-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 March 2, 2017, for the reasons set forth
therein. 	The Court notes that a copy of the Report and
Recommendation was mailed to Defaulted Defendant Rueben Ruiter
at his last known address, but was returned by the US Postal
Service with a “moved left no address“ label dated 03/10/17.
“’[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).
Case 1:14-cv-00280-SM Document 100 Filed 04/14/17 Page 1 of 2

Plaintiff’s Motions for Default Judgments as to Defaulted
Defendants Collier (doc. No. 92) and Ruiter (doc. No. 93) are
granted. 	Nominal damages in the amount of $1.00 should be
entered as to the claims against Steven Collier, and
compensatory damages in the amount of $10,300.00 should be
awarded as to the claims against Ruiter. 	An award of
prejudgment interest, running from March 31, 2015 to the date of
the judgment, is added to the damage awards, calculated using
the rate of interest described in RSA § 336:1, II. 	Mr.
Beaulieu’s request for an award of costs as to Defaulted
Defendants Collier and Ruiter is hereby denied without prejudice
to his ability to refile a motion for such costs pursuant to LR.
54.1 and 28 U.S.C. §1924. 	Mr. Beaulieu’s request that the court
establish a periodic payment schedule for Defaulted Dfendants
Collier and Ruiter is also denied.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: April 14, 2017
cc: 	Christopher (Crystal) Beaulieu, pro se
Laura E.B. Lombardi, Esq.
Scott Collier (c/o last known address)
Rueben James Ruiter
Case 1:14-cv-00280-SM Document 100 Filed 04/14/17 Page 2 of 2