Foistner v. FMC Devens, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Joseph A. Foistner
v.
FMC Devens, Warden
24-cv-3-SE-AJ
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated January
5, 2024. For the reasons explained therein, this court lacks
jurisdiction over Mr. Foistner's § 2241 petition. The Clerk of Court
is directed to transfer this case to the District of Massachusetts.
“‘[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: February 29, 2024
cc: Joseph A. Foistner, pro se
Case 1:24-cv-00003-SE-AJ Document 3 Filed 02/29/24 Page 1 of 1