Gray v. NH Department of Corrections, Commissioner

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jeffrey M. Gray
v.
NH Department of Corrections, et al.
Case No. 15-cv-508-LM-AJ
ORDER
I herewith approve the Report and Recommendation (R&R) of Magistrate
Judge Andrea K. Johnstone dated March 2, 2026. For the reasons explained
therein, Petitioner’s motion (doc. nos. 247, 249) seeking to withdraw certain
documents he filed in this case is DENIED in part and granted in part. It is denied
as MOOT, IN PART, to the extent it seeks to withdraw Document Numbers 194,
204, 220, and 245, as the court, in adopting the R&R, has denied those motions
without prejudice to Mr. Gray’s ability to seek the relief sought therein in an
appropriate court. It is GRANTED, IN PART, as to document number 243, which is
a notice to the court of Mr. Gray’s filing a 28 U.S.C. § 2241 petition in the District of
Maine.
Mr. Gray also filed a motion (doc. no. 251) seeking an extension of the
objection deadline in this case pending a ruling on his pending motions to withdraw.
That motion is largely moot because of the court’s denial herein of the motions to
withdraw. Although the court approves the R&R at this time, if Mr. Gray seeks to
object to the parts of the R&R which are not related to the documents and claims he
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sought to withdraw, he may file a late objection on any such issue on or before April
17, 2026. The court will consider any such objection as though timely-filed, and
revisit its approval of the R&R as appropriate.
“‘[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).
SO ORDERED.
____________________________
Landya B. McCafferty
United States District Judge
Date: March 31, 2026
cc: Jeffrey M. Gray, pro se
Counsel of Record
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