Moore v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Brian Edward Moore
v.
FCI Berlin, Warden
Case No. 25-cv-110-LM-AJ
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated February
19, 2026. For the reasons explained therein, Warden’s motion for
summary judgment (Doc. No. 4) is granted. Moore’s cross-motions (Doc.
Nos. 16, 20-21, 24-25) are denied. The clerk may 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).
____________________________
Landya B. McCafferty
United States District Judge
Date: March 16, 2026
cc: Brian Edward Moore, pro se
Counsel of Record
Case 1:25-cv-00110-LM-AJ Document 30 Filed 03/16/26 Page 1 of 1