Sweeney v. N.H. State Prison

Steven J. McAuliffe

No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Landya B. McCafferty dated October 28, 2013, for the reasons set forth therein. "'[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).

The defendants' motion for summary judgment (document no. 38) is hereby granted. The Clerk of Court shall enter judgment in accordance with this order and close the case.

SO ORDERED.

_______________________

Steven J. McAuliffe

United States District Judge
cc: John J. Sweeney, Jr., pro se

Francis Charles Fredericks, Esq.

Nancy J. Smith, Esq.