Demko v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jason Demko
v.
FCI Berlin, Warden
Case No. 23-cv-147-SE
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated September 21, 2023. For the reasons explained therein, I
dismiss the petition as moot and deny the respondent’s motion for
summary judgment (Doc. No. 5) as moot.
The Clerk should then 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).
____________________________
Samantha D. Elliott
United States District Judge
Date: October 17, 2023
cc: Jason Demko, pro se
Counsel of Record
Case 1:23-cv-00147-SE-AJ Document 11 Filed 10/17/23 Page 1 of 1