Ryan v. Hicks

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Moira Ryan
v.
Christopher M. Hicks, Sr.
U.S. Dep’t of Veterans Affairs
Case No. 19-cv-983-PB
ORDER
Plaintiff has filed a proposed third amended complaint
rather than an objection to the Report and Recommendation of
Magistrate Judge Andrea K. Johnstone dated April 3, 2020.
“‘[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). Here, no
objection has been made to the Report and Recommendation.
Accordingly, I approve the Report and Recommendation and dismiss
the second amended complaint. Plaintiff’s proposed third amended
complaint suffers from the same deficiencies as the second.
Accordingly, I dismiss that complaint as well.
____________________________
Paul Barbadoro
United States District Judge
Date: June 1, 2020
cc: Moira Ryan, pro se
/s/Paul Barbadoro
Case 1:19-cv-00983-PB Document 11 Filed 06/01/20 Page 1 of 1