Cruz Gamez v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jose Ramon Cruz Gamez
v.
FCI Berlin, Warden
Case No. 23-cv-90-LM
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated August 10, 2023. For the reasons explained therein, the
parties’ cross motions for summary judgment (Doc. Nos. 4 and 6) and
the petitioner’s motion to expedite (Doc. No. 7) are denied as moot.
“‘[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).
The clerk is directed to enter judgment and close this case.
/s/ Landya B. McCafferty
Landya B. McCafferty
Chief Judge
Date: August 28, 2023
cc: Jose Ramon Cruz Gamez, pro se
Counsel of Record
Case 1:23-cv-00090-LM-AJ Document 11 Filed 08/28/23 Page 1 of 1