Lopez Pelaez v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Oscar Andres Lopez Pelaez
v.
FCI Berlin, Warden
Case No. 23-cv-101-SE
ORDER
No objection having been filed, I herewith approve the
Endorsed Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated May 30, 2023. For the reasons explained
therein, this case is dismissed without prejudice, as the
petitioner has not paid the filing fee or filed a motion to
obtain in forma pauperis status.
The Warden’s motion for summary judgment (doc. no. 5) is
denied 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).
Case 1:23-cv-00101-SE Document 7 Filed 06/30/23 Page 1 of 2

The clerk shall issue judgment and close the case.
____________________________
Samantha D. Elliott
United States District Judge
Date: June 30, 2023
cc: Oscar Andres Lopez Pelaez, pro se
Anna Dronzek, Esq.
Case 1:23-cv-00101-SE Document 7 Filed 06/30/23 Page 2 of 2