Beers v. NH State Prison, Warden et al

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE
Timothy Beers
v. Civil No. 20-cv-968-LM
Warden, New Hampshire
State Prison, et al.
O R D E R
Plaintiff Timothy Beers, an inmate at the New Hampshire State Prison for
Men who is proceeding in this case without an attorney, has filed two motions to
stop retaliation against him, see Doc. Nos. 5 and 9, which were referred and
submitted to Magistrate Judge Andrea K. Johnstone for review. On May 20, 2021,
Magistrate Judge Johnstone issued a Report and Recommendation recommending,
among other things, that I deny those two motions without prejudice. Doc. No. 10.
The plaintiff was then given until September 21, 2021 to object to that aspect of
Magistrate Judge Johnstone’s recommendation.
As that deadline has passed, and no objection has been filed on this issue, I
herewith approve Magistrate Judge Johnstone’s May 20, 2021 Report and
Recommendation that the plaintiff ’s motions to stop retaliation be denied without
prejudice. “[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.” Sch. Union No. 37 v. United Nat. Ins. Co., 617
F.3d 554, 564 (1st Cir. 2010) (quoting Keating v. Sec’y of Health & Hum. 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
Case 1:20-cv-00968-LM Document 21 Filed 09/23/21 Page 1 of 2

2
magistrate’s report will waive the right to appeal). The remainder of the May 20,
2021 Report and Recommendation, however, including its recommendation that I
dismiss Claims 5 through 8 of the plaintiff ’s complaint, remains under advisement
pending completion of the extended period allotted to the plaintiff to object to issues
regarding the sufficiency of his pleadings. See September 23, 2021 Endorsed Order
(granting motion to extend deadline to respond to recommendation to dismiss
Claims 5-8 of the complaint).
SO ORDERED.
_______________________________
Landya B. McCafferty
Chief Judge
September 23, 2021
cc: Timothy C. Beers, pro se
Case 1:20-cv-00968-LM Document 21 Filed 09/23/21 Page 2 of 2