Pacaya v. Freedom Mortgage Corp. et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Elvis-Jack Pacaya
v.
Freedom Mortgage Corp., et al
Case No. 23-cv-279-LM
ORDER
Having considered the objections filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated January 31, 2024, and the two Report and Recommendations dated
February 5, 2024. For the reasons explained therein, Freedom’s motion
for vexatious litigant injunction and sanctions (Doc. No. 15) is
denied; Freedom’s motion to dismiss (Doc. No. 13) is granted; and
Freddie Mac’s motion to dismiss (Doc. No. 23) is granted.
“‘[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).
All remaining motions (Doc. Nos. 38,41,42, 44, and 52) are denied
as moot.
Case 1:23-cv-00279-LM-AJ Document 57 Filed 03/07/24 Page 1 of 2

The Clerk is directed to enter judgment and close this case.
____________________________
Landya B. McCafferty
Chief Judge
Date: March 7, 2024
cc: Elvis-Jack Pacaya, pro se
Counsel of Record
Case 1:23-cv-00279-LM-AJ Document 57 Filed 03/07/24 Page 2 of 2