Tito v. State of New Hampshire, et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Alberto Tito
v.
State of New Hampshire, et al.
Case No. 18-cv-25-SM
ORDER
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated October 15, 2018, for the reasons set forth
therein. 	Plaintiff’s Claims 8, 9, 12 through 18 are hereby
dismissed from this case for failure to state a claim upon which
relief can be granted. 	Except for defendants Boffitto, Caruso,
Lydick, T. Miller, Salse, Young and Zenk, all remaining
defendants are hereby dropped from this action. 	The clerk’s
office shall terminate “John Does 1-4” from this action.
“‘[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.
Case 1:18-cv-00025-SM Document 104 Filed 11/27/18 Page 1 of 2

1986) (after proper notice, failure to file a specific objection
to magistrate's report will waive the right to appeal).
____________________________
Steven J. McAuliffe
United States District Judge
Date: November 27, 2018
cc: 	Albert Tito, pro se
Anthony Galdieri, Esq.
Lawrence Edelman, Esq.
Case 1:18-cv-00025-SM Document 104 Filed 11/27/18 Page 2 of 2