Summary
In Hanson v. NH State Prison Literary Review Comm., No. 14-cv-132-SM, 2015 WL 2206337 (D.N.H. May 11, 2015), where the district court confronted a similar situation, the court denied the motion to supplement without prejudice to the plaintiff's ability to file a separate action asserting the claims that were unrelated to the plaintiff's earlier claims.
Summary of this case from Thomas v. SpauldingOpinion
Case No. 14-cv-132-SM
05-11-2015
Michael Hanson v. NH State Prison Literary Review Committee, et al.
cc: Michael Hanson, pro se Kenneth Sansone, Esq.
ORDER
No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated April 13, 2015, for the reasons set forth therein. Plaintiff's Claims 3, 4, and 5 are dismissed for failure to state a claim. Defendants Maj. Fouts, Sgt. St. Peter, and Hearings Officer Hickman are hereby dismissed from this action. Plaintiff's motion to supplement the complaint (document no. 9) is denied without prejudice.
"'[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).
SO ORDERED.
/s/_________
Steven J. McAuliffe
United States District Judge
Date: May 11, 2015 cc: Michael Hanson, pro se
Kenneth Sansone, Esq.