Beaulieu v. NH Department of Corrections, Commissioner

Christopher (Crystal) Beaulieu v. Case No. 19-cv-543-PB Claude Dupuis, Jr. et al.

ORDER No objection having been filed, I herewith approve the Endorsed Report and Recommendation of Magistrate Judge Andrea K.

Johnstone dated June 8, 2020, and grant plaintiff’s motion to dismiss (doc. no. 46) and dismiss Claims 2(b) and 2(c) without prejudice and drop defendants Lt. C. Dupuis, Ednerson Bazile, Paul Oyori, and James Iseman from this case, without prejudice to plaintiff's ability to plead similar claims against those defendants in a new case. “‘[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). ___/_s_/_P_a_u_l_ _B_a_r_b_a_d_o_r_o_________ Paul Barbadoro United States District Judge Date: June 23, 2020