Rivas-Mero v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Hector Geovanny Rivas-Mero
v.
FCI Berlin, Warden
Case No. 23-cv-72-SE-AJ
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated December 28, 2023. For the reasons explained therein, the
petition is dismissed as moot, and the respondent’s motion for summary
judgment (Doc. No.8) denied at 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.
____________________________
Samantha D. Elliott
United States District Judge
Date: January 22, 2024
cc: Hector Geovanny Rivas-Mero, pro se
Heather A. Cherniske, Esq.
Case 1:23-cv-00072-SE-AJ Document 10 Filed 01/22/24 Page 1 of 1