Martinko v. NH Department of Corrections et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
David M. Martinko
v.
NH Department of Corrections, et al
Case No. 22-cv-238-LM-AJ
ORDER
No objection having been filed, I herewith approve the Report and Recommendation of
Magistrate Judge Andrea K. Johnstone dated March 6, 2026. For the reasons explained therein,
the plaintiff's third motion for a preliminary injunction (Doc. No. 94) is denied. The parties'
proposed findings of fact and conclusions of law (Doc. Nos. 121, 122) are granted to the extent
consistent with the March 6, 2026 Report and Recommendation, and are otherwise denied.
“‘[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).
____________________________
Landya B. McCafferty
United States Magistrate Judge
Date: March 23, 2026
Cc: David M. Martinko, pro se
Counsel of Record
Case 1:22-cv-00238-LM-AJ Document 158 Filed 03/23/26 Page 1 of 1