Elwell et al v. Doe #1 et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Christopher M. Elwell
v. Civil No. 18-cv-906-LM
Correia, et al.
O R D E R
As stated in the Report and Recommendation, Elwell’s potential claim for
denial of access to courts against officers of the New Hampshire State Prison is a
matter for a separate lawsuit. See Lewis v. Casey, 518 U.S. 343, 349-53 (1996); see
also Fed. R. Civ. P. 20(a)(2) (standard for joinder of defendants). Thus, Elwell’s
motion for injunctive relief is properly denied without prejudice to Elwell’s ability to
file a new suit raising claims for denial of meaningful access to the courts.
Accordingly, I approve the Report and Recommendation of Magistrate Judge
Andrea K. Johnstone dated December 16, 2021. “‘[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,
Case 1:18-cv-00906-LM Document 58 Filed 01/31/22 Page 1 of 2

failure to file a specific objection to magistrate's report will waive the right to
appeal).
____________________________
Landya B. McCafferty
Chief Judge
January 31, 2022
cc: Christopher M. Elwell, pro se
Matthew Burrows, Esq.
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