Fischer v. NH Parole Board

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
David Fischer
v.
NH Parole Board
Civil No. 15-cv-130-PB
O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated September 2, 2016. Fischer’s petition for a
writ of habeas corpus is denied, and the respondent’s motion for
summary judgment is granted. “‘[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). Additionally, finding that the
petitioner has failed to make a substantial showing of the
denial of a constitutional right, the court declines to issue a
Case 1:15-cv-00130-PB Document 30 Filed 09/26/16 Page 1 of 2

certificate of appealability. See 28 U.S.C.§ 2253(c)(2); Rule
11, Rules Governing Habeas Corpus Cases Under Section 2254;
First Cir. LR 22.0.
SO ORDERED.
____________________________
Paul Barbadoro
United States District Judge
Date: September 26, 2016
cc: David Fischer, pro se
Elizabeth C. Woodcock, Esq.
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