Gutierrez v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Carlos Alberto Gutierrez
v.
FCI Berlin, Warden
Case No. 23-cv-138-LM
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 Warden’s motion to dismiss (Doc. No. 5) is
denied without prejudice 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 the case.
____________________________
Landya B. McCafferty
United States Magistrate Judge
Date: July 12, 2023
cc: Carlos Alberto Gutierrez, pro se
Counsel of Record
Case 1:23-cv-00138-LM-AJ Document 8 Filed 07/12/23 Page 1 of 1