McCoy v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Haleem McCoy
v.
FCI Berlin, Warden
Case No. 22-cv-527-SE
ORDER
No objection having been filed, I herewith approve the
Endorsed Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated May 30, 2023. The respondent’s motion for
summary judgment (Doc. No. 6), is denied without prejudice.
Within thirty days the respondent shall file either: (1) a
notice indicating that there are disputed facts and that an
evidentiary hearing is necessary; or (2) a new motion for
summary judgment based on current BOP policies and authorities,
with reference to the petitioner’s recent sentence computation
data.
“‘[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
Case 1:22-cv-00527-SE-AJ Document 9 Filed 06/28/23 Page 1 of 2

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).
____________________________
Samantha D. Elliott
United States District Judge
Date: June 28, 2023
Case 1:22-cv-00527-SE-AJ Document 9 Filed 06/28/23 Page 2 of 2