Athens v. Primmer Piper Eggleston & Cramer PC

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UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Natasha Athens,
d/b/a Favorite Things
v.
Primmer Piper Eggleston & Cramer PC
Case No. 21-cv-1025-SM
ORDER
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated December 7, 2021, for the reasons set forth
therein. 	“‘[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).
The docket reflects premature notices of appeal filed by
plaintiff (the case was not dismissed when the notices were
filed, and the issuance of a Report and Recommendation by the
Case 1:21-cv-01025-SM Document 10 Filed 12/27/21 Page 1 of 2

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magistrate judge is not an order or action subject to
interlocutory appeal). Those notices of appeal do not operate to
divest this court of jurisdiction over the case pending appeal.
So Ordered.
____________________________
Steven J. McAuliffe
United States District Judge
Date: December 27, 2021
cc: 	Natasha Athens, pro se
Case 1:21-cv-01025-SM Document 10 Filed 12/27/21 Page 2 of 2