Holloway v. NH Department of Corrections, Commissioner

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Dale E. Holloway, Jr.
v.
NH Department of Corrections, Commissioner
Case No. 22-cv-9-SE
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated January
22, 2026 (doc. no. 73). For the reasons explained therein, respondent’s
Motion to Dismiss (doc. no. 48) is 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.” Sch.
Union No. 37 v. United Nat’l Ins. Co., 617 F.3d 554, 564 (1st Cir.
2010) (quotation omitted); see 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.
____________________________
Samantha D. Elliott
United States District Judge
Date: March 11, 2026
cc: Dale E. Holloway, pro se
Counsel of Record
Case 1:22-cv-00009-SE-AJ Document 77 Filed 03/11/26 Page 1 of 1