Komando v. FCI Berlin, Warden Richard A. Luna

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jerry Ngome Komando
v.
FCI Berlin, Warden
Case No. 22-cv-00425-SE
ORDER
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated March 16, 2023. Mr. Komando’s petition (Doc.
Nos. 1, 25) is granted. 	The respondent is directed to
recalculate Mr. Komando’s FSA time credits to include his
eligibility for those credits beginning on June 9, 2021. The
respondent is directed to release Mr. Komando from BOP custody
upon time served if he has not already been released.
The clerk’s office is directed to terminate all pending
motions, 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
Case 1:22-cv-00425-SE Document 31 Filed 04/23/23 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: April 23, 2023
Cc: 	Cathy J. Green, Esq.
Seth R. Aframe, Esq.
Case 1:22-cv-00425-SE Document 31 Filed 04/23/23 Page 2 of 2