Wolusky v. Northern NH Correctional Facility, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Tristan Wolusky
v.
Northern Correctional Facility,
Warden
Case No. 22-cv-345-SE-AJ
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated September
27, 2023. For the reasons explained therein, I grant, in part, the
petitioner’s motions to amend the petition (Doc. Nos. 20, 29), to the
extent that Claims 3, 4(a), and 5 are added to the petition. Those
motions 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).
____________________________
Samantha D. Elliott
United States District Judge
Date: October 25, 2023
cc: Tristan Wolusky, pro se
Elizabeth Woodcock, Esq.
Case 1:22-cv-00345-SE-AJ Document 46 Filed 10/25/23 Page 1 of 1