Fortune v. NH Department of Corrections, Medical Director et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
John Fortune
v.
NH Department of Corrections,
Director, et al
Case No. 23-cv-286-LM
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated May 25,
2023. For the reasons explained therein, the official capacity claims
for damages are dismissed.
“‘[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).
____________________________
Landya B. McCafferty
Chief Judge
Date: June 27, 2023
Cc: John Fortune, pro se
Counsel of Record
Case 1:23-cv-00286-LM Document 8 Filed 06/27/23 Page 1 of 1