BEAULIEU v. AULIS

Case No. 14-cv-280-SM.

Christopher Beaulieu a/k/a Crystal Beaulieu v. John P. Aulis, et al.

United States District Court, D. New Hampshire.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Prisoner Civil Rights
Nature of Suit: 550 Prisoner: Civil Rights
Source: PACER


Attorney(s) appearing for the Case

Christopher R. Beaulieu, Plaintiff, Pro Se.

Aaron Belanger, Defendant, represented by Laura E.B. Lombardi , NH Attorney General's Office.

Ed Kirrane, Defendant, represented by Laura E.B. Lombardi , NH Attorney General's Office.

John Aulis, Defendant, represented by Laura E.B. Lombardi , NH Attorney General's Office.

FNU Salice, Defendant, represented by Laura E.B. Lombardi , NH Attorney General's Office.

Michael Shepley, Defendant, represented by Laura E.B. Lombardi , NH Attorney General's Office.

Paul LaFlamme, Defendant, represented by Laura E.B. Lombardi , NH Attorney General's Office.

Jason Whitney, Defendant, represented by Laura E.B. Lombardi , NH Attorney General's Office.

Kevin Washburn, Defendant, represented by Laura E.B. Lombardi , NH Attorney General's Office.


ORDER

STEVEN J. McAULIFFE, District Judge.

No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated March 2, 2017, for the reasons set forth therein. The Court notes that a copy of the Report and Recommendation was mailed to Defaulted Defendant Rueben Ruiter at his last known address, but was returned by the US Postal Service with a "moved left no address" label dated 03/10/17.

"`[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).

Plaintiff's Motions for Default Judgments as to Defaulted Defendants Collier (doc. No. 92) and Ruiter (doc. No. 93) are granted. Nominal damages in the amount of $1.00 should be entered as to the claims against Steven Collier, and compensatory damages in the amount of $10,300.00 should be awarded as to the claims against Ruiter. An award of prejudgment interest, running from March 31, 2015 to the date of the judgment, is added to the damage awards, calculated using the rate of interest described in RSA § 336:1, II. Mr. Beaulieu's request for an award of costs as to Defaulted Defendants Collier and Ruiter is hereby denied without prejudice to his ability to refile a motion for such costs pursuant to LR. 54.1 and 28 U.S.C. §1924. Mr. Beaulieu's request that the court establish a periodic payment schedule for Defaulted Dfendants Collier and Ruiter is also denied.

SO ORDERED.


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