David M. Martinko v. NH Department of Corrections, et al.
This text of David M. Martinko v. NH Department of Corrections, et al. (David M. Martinko v. NH Department of Corrections, et al.) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE
David M. Martinko Vv. Case No. 22-cv-238-LM-AJ NH Department of Corrections, et al.
ORDER No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated January 6, 2026. For the reasons explained therein, plaintiffs motion to join Deborah Hussey, Joanne Azonabor, Kristin Zaleski, Hather MacFarland, and John Kostandin as new defendants in their individual and official capacities, or to substitute them for the John Does in the Complaint (Doc. No. 130) 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.” 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). oF Landya x Mo¥ afferty United S “PP District Judge Date: February 12, 2026
cc: David M. Martinko, pro se Counsel of Record
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