Beers v. NH State Prison, Warden

• Court: District Court, D. New Hampshire
• Decided: September 30, 2025
• Docket: 1:20-cv-00968
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Timothy Beers

v. Case No. 20-cv-968-LM

N.H. State Prison Warden

ORDER

The court has before it three Report and Recommendations (R&Rs) of Magistrate Judge Andrea Johnstone (doc. nos. 145, 147 & 150). Plaintiff, Timothy Beers, filed objections to only two of the three Report and Recommendations (doc. nos. 152 & 153). After due consideration of Beers’s objections (doc. nos. 152 & 153), I approve the R&Rs of Magistrate Judge Andrea K. Johnstone dated August 14, 2025 (doc. nos. 145 & 147) With respect to Beers’s motions for preliminary injunction (doc. nos. 115 & 119), the court dismisses those motions without prejudice to Beers’s ability to file for similar relief, as appropriate, in the new case (#25-fp-307) that the court opened for him on June 16, 2025. See Doc. No. 150 at 7, n. 1 (explaining the dismissal without prejudice of those two motions). No objection having been filed to the Report and Recommendation dated August 25, 2025 (doc. no. 150), I herewith approve the Report and Recommendation. “[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.” Rivera-Aponte v. Gomez Bus Line, Inc., 62 F.4th 1, 10 (1st Cir. 2023) (quoting Sch. Union No. 37 v. United Natl Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010)); see also Santos-Santos v. Torres- Centeno, 842 F.3d 163, 168 (1st Cir. 2016) (“[P]arties who fail to file objections to a magistrate judge’s report and recommendation lose their right to appellate review.’). SO ORDERED. Le Land: . McCatferty United States District Judge Ui Date: September 30, 2025 cc: Timothy Beers, pro se