Widi, Jr. v. Federal Bureau of Prisons et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
David J. Widi, Jr.
v.
Federal Bureau of Prisons, et al.
Case No. 14-cv-160-SM
O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated December 8, 2014, for the reasons set forth
therein. “‘[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).
Plaintiff’s Privacy Act claim (Claim 1), and the Fifth
Amendment and FTCA malicious prosecution/abuse of process claims
(Claim 14 in the Amended Complaint (doc.no. 21), are hereby
dismissed. Defendants’ Motion to Dismiss the original complaint
Case 1:14-cv-00160-SM Document 62 Filed 02/20/15 Page 1 of 2

(doc. no. 20), is denied as moot.
SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: February 20, 2015
cc: David J. Widi, Jr. pro se
T. David Plourde, AUSA
Case 1:14-cv-00160-SM Document 62 Filed 02/20/15 Page 2 of 2