Deras Lopez v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jose Daniel Deras Lopez
v.
FCI Berlin, Warden
Case No. 23-cv-552-LM-TSM
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Talesha L. Saint-Marc dated July
30, 2024 . 	The Warden’s motion to dismiss (document 5) is denied.
“‘[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 Warden shall file an answer within 14 days.
____________________________
Landya B. McCafferty
United States District Judge
Date: September 17, 2024
cc: 	Jose Daniel Deras Lopez, pro se
Michael McCormack, Esq.
Case 1:23-cv-00552-LM-TSM Document 13 Filed 09/17/24 Page 1 of 1