1:16-cv-00400•Alexander v. Lewis et al
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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Kentrell Alexander v. K. Lewis, Hollaway McDaniel, Christine Perrault, and the United States of America Case No. 16-cv-400-LM O R D E R No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated May 12, 2017, 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). Defendant’s Motion to Dismiss (document no. 48) is hereby granted in part as to the plaintiff’s § 1983 claim and Bivens claims, but denied as to the plaintiff’s FTCA claim. Case 1:16-cv-00400-LM Document 63 Filed 06/13/17 Page 1 of 2
SO ORDERED. ____________________________ Landya B. McCafferty United States District Judge Date: June 13, 2017 cc: Kentrell Alexander, pro se T. David Plourde, AUSA Case 1:16-cv-00400-LM Document 63 Filed 06/13/17 Page 2 of 2
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