Opinion
Civil No. 15-cv-00294-PB
11-25-2016
Rafael Rodriguez v. Michelle Goings, Warden, Northern New Hampshire Correctional Facility et al.
cc: Rafael Rodriguez, pro se Elizabeth Mulholland, Esq. Francis Charles Fredericks, Esq.
ORDER
No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated October 26, 2016, and dismiss this case without prejudice, for failure to prosecute. The pending summary judgment motion (doc. no. 19), is denied as moot. "'[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/ P a ul Barbado r o
Paul Barbadoro
United States District Judge Date: November 25, 2016 cc: Rafael Rodriguez, pro se
Elizabeth Mulholland, Esq.
Francis Charles Fredericks, Esq.