Barton v. Whitefield, NH, Town of et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Joseph J. Barton

v.

Whitefield, NH, Town of
Case No. 25-cv- 451- LM- TSM

ORDER

No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Talesha L. Saint-Marc dated July 1,
2026. “[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.”
Rivera-Aponte v. Gomez Bus Line, Inc., 62 F.4th 1, 10 (1st Cir. 2023)
(quoting Sch. Union No. 37 v. United Nat’l Ins. Co., 617 F.3d 554, 564
(1st Cir. 2010)); see also Santos-Santos v. Torres-Centeno, 842 F.3d
163, 168 (1st Cir. 2016) (“[P]arties who fail to file objections to a
magistrate judge’s report and recommendation lose their right to
appellate review.”).
The motion to compel (document 9) is denied, and the motion to
amend (document 20) is granted. The Plaintiff shall file his second
amended complaint within 5 days of this order. The defendants’ motions
to dismiss (documents 15 and 17) are denied without prejudice.

____________________________
Landya B. McCafferty
United States District Judge

Date: August 14, 2026

cc: Joseph J. Barton, pro se
Counsel of Record
Case 1:25-cv-00451-LM-TSM Document 33 Filed 08/14/26 Page 1 of 1