Ryan v. Hicks

District Court, D. New Hampshire

Ryan v. Hicks

Trial Court Opinion

Moira Ryan v. Case No. 19-cv-983-PB Christopher M. Hicks, Sr. U.S. Dep’t of Veterans Affairs ORDER Plaintiff has filed a proposed third amended complaint rather than an objection to the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated April 3, 2020. “‘[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). Here, no objection has been made to the Report and Recommendation. Accordingly, I approve the Report and Recommendation and dismiss the second amended complaint. Plaintiff’s proposed third amended complaint suffers from the same deficiencies as the second. Accordingly, I dismiss that complaint as well. __/_s_/_P_a_u_l_ _B_a_r_b_a_d_o_r_o__________ Paul Barbadoro United States District Judge Date: June 1, 2020

Reference

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