Dancy v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Dure Dancy
v.
FCI Berlin, Warden
Case No. 22-cv-538-SE
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated April 7, 2023, and deny the motion for summary judgment (Doc.
No. 6) as moot, and also dismiss this case as moot, see Francis v.
Maloney, 798 F.3d 33, 38 (1st Cir. 2015).
“[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.” Sch.
Union No. 37 v. United Nat’l Ins. Co., 617 F.3d 554, 564 (1st Cir.
2010) (quotation omitted); see 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).
Petitioner’s action is dismissed in its entirety. The clerk is
directed to enter judgment and close this case.
SO ORDERED.
____________________________
Samantha D. Elliott
United States District Judge
Date: May 5, 2023
cc: 	Dure Dancy, pro se
Counsel of Record
Case 1:22-cv-00538-SE Document 8 Filed 05/05/23 Page 1 of 1