Martinko v. NH Department of Corrections et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
David M. Martinko
v.
NH Department of Corrections, et al
Case No. 22-cv-238-LM-AJ
ORDER
After due consideration of the objection filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated March 6, 2026. For the
reasons explained therein, the plaintiff's third motion for a preliminary injunction (Doc. No. 94)
is denied. The parties' proposed findings of fact and conclusions of law (Doc. Nos. 121, 122) are
granted to the extent consistent with the March 6, 2026 Report and Recommendation, and are
otherwise denied. “‘[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).
____________________________
Landya B. McCafferty
United States Magistrate Judge
Date: August 31, 2026
Cc: David M. Martinko, pro se
Counsel of Record
Case 1:22-cv-00238-LM-AJ Document 163 Filed 08/31/26 Page 1 of 1