Pineda Martinez v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Frixon Eduardo Pineda Martinez
v.
FCI Berlin, Warden
Case No. 1:23-cv-00112-PB
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated May 30, 2023, and dismiss this case, without prejudice, as the
petitioner has not paid the filing fee in this matter or filed a
motion to obtain in forma pauperis status. See 28 U.S.C. §§ 1914(a),
1915(a); Rules 1(b) & 3(a) of the Rules Governing § 2254 Cases. The
pending motion to dismiss or in the alternative, for summary judgment
(doc. no. 6) is denied without prejudice, the clerk of court shall
enter judgment and close the case.
“‘[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).
/s/ Paul J. Barbadoro
Paul J. Barbadoro
United States District Judge
Date: June 22, 2023
cc: Frixon Eduardo Pineda Martinez, pro se
Anna Dronzek, AUSA
Case 1:23-cv-00112-PB Document 8 Filed 06/22/23 Page 1 of 1