ROSS v. MCCORMACK

• Court: District Court, D. Maine
• Decided: March 11, 2025
• Docket: 1:24-cv-00014
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

KEVIN LEE ROSS

V. Case no.24-cv-14-SDE-AJK

ANDREW MCCORMACK, ET AL

REPORT AND RECOMMENDATION

Plaintiff Kevin Lee Ross filed a “Motion for Direct Appeal” (Doc. No. 16), in which it appears Ross is asking this Court to authorize him to proceed directly to the United States Supreme Court for adjudication of this case under that Court’s original jurisdiction. This lawsuit, in which Ross, a private individual, asserts claims against two federal probation officers and two private individuals, does not fall within the Supreme Court’s original jurisdiction. See 28 U.S.C. § 1251. Further, it is the Supreme Court, and not this Court, which determines what cases it will hear in exercise of its original jurisdiction. See Sup. Ct. R. 17, 18. Accordingly, the District Judge should deny Ross’s motion. Any objections to this Report and Recommendation must be filed within fourteen days of receipt of this notice. See Fed. R. Civ. P. 72(b)(2). The fourteen- day period may be extended upon motion. Only those issues raised in the objection to this Report and Recommendation are subject to review in the district court. See Sch. Union No. 37 v. United Natl Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010). Any issues not preserved by such objection(s) are precluded on appeal. See id. Failure to file any objections within the specified time waives the right to appeal the district court’s order. See Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (lst Cir. 2016).

Andrea K. Johnstone United States Magistrate Judge

Date: March 11, 2025

CC: Kevin Lee Ross, pro se