Gray v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Steve Gray, Jr.
v.
FCI Warden, Berlin
Case No. 23-cv-124-SE-AJ
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated February 5, 2024. For the reasons explained therein, Gray’s
petition (Doc. No. 1) is dismissed as moot, and the Warden’s motion
for summary judgment (Doc. No. 6) 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).
The Clerk shall issue judgment and close this case.
____________________________
Samantha D. Elliott
United States District Judge
Date: March 28, 2024
Case 1:23-cv-00124-SE-AJ Document 15 Filed 03/28/24 Page 1 of 2

cc: Steve Gray, Jr., pro se
Michael T. McCormack, Esq.
Case 1:23-cv-00124-SE-AJ Document 15 Filed 03/28/24 Page 2 of 2