Martinez v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Emmanuel Martinez
v.
FCI Berlin, Warden
Case No. 23-CV-477-SE-AJ
ORDER
No objection having been filed, I herewith approve the Amended
Endorsed Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated May 15, 2024. For the reasons explained therein, the
case is dismissed without prejudice as the petitioner has not paid the
filing fee in this matter or filed a motion to obtain in forma
pauperis status, and the Warden’s motion for summary judgment (Doc.
No. 4) is denied without prejudice 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 is directed to enter judgment and close this case.
____________________________
Samantha D. Elliott
United States District Judge
Date: June 28, 2024
Case 1:23-cv-00477-SE-AJ Document 6 Filed 06/28/24 Page 1 of 2

cc: Emanual Martinez, pro se
Counsel of Record
Case 1:23-cv-00477-SE-AJ Document 6 Filed 06/28/24 Page 2 of 2