Gray v. NH Department of Corrections

District Court, D. New Hampshire

Gray v. NH Department of Corrections

Trial Court Opinion

Jeffrey M. Gray v. Case No. 20-cv-152-PB NH Department of Corrections et al ORDER

No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated June 8, 2021, dismiss Mr. Gray’s equal protection, ADA, Rehabilitation Act, and RLUIPA claims against all defendants, dismiss his First Amendment claim to the extent it is asserted against the DOC, and drop the DOC from this action. “‘[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, 2021 cc: Jeffrey M. Gray, pro se

Reference

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