Melendez v. FCI Berlin, Warden

1:23-cv-00092NhdJun 8, 2023

Full text

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Maynor Melendez
v.
FCI Berlin, Warden
Case No. 1:23-cv-0092-PB
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated May 15, 2023, and deny the motion for earned time credits (Doc.
No. 6) and the cross-motions for summary judgment (Doc. Nos. 7, 9) as
moot and also dismiss this case as moot, see Francis v. Maloney, 798
F.3d 33, 38 (1st Cir. 2015). 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).
____________________________
Paul J. Barbadoro
United States District Judge
Date: June 8, 2023
cc: Maynor Melendez, pro se
Counsel of Record
/s/Paul Barbadoro
Case 1:23-cv-00092-PB Document 16 Filed 06/08/23 Page 1 of 1

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