1:14-cv-00098•Barber v. NH State Prison, Warden et al
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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE John Barber v. David Biondi Civil No. 14-cv-98-JL O R D E R The copy of the Report and Recommendation (doc. no. 75) mailed to plaintiff at his address on file with the court on December 1, 2015, was returned to the court on December 14, 2015 (see doc. no. 76). The rules (LR 83.6(e)) require the plaintiff to notify the court of any change of address. Since the court had not received any such notification, the clerk called the N.H. State Prison seeking a new address. The prison informed the court that the plaintiff was released with no post-release conditions, therefore, he was not required to file a new address. Accordingly, as no objection was filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated December 1, 2015. “‘[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 Case 1:14-cv-00098-JL Document 77 Filed 01/07/16 Page 1 of 2
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. ____________________________ Joseph N. Laplante Chief Judge Date: January 7, 2016 cc: John Barber, pro se Francis Charles Fredericks, Esq. Case 1:14-cv-00098-JL Document 77 Filed 01/07/16 Page 2 of 2
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