Smith v. USA

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Lorence Smith
v.
FCI Berlin, Warden
Case No. 20-cv-475-SE
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated June 8,
2022 (doc. no. 11). . For the reasons explained therein, Smith’s
amended petition (doc. nos. 1, 10) is dismissed.
“[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.” Sch.
Union No. 37 v. United Nat’l Ins. Co., 617 F.3d 554, 564 (1st Cir.
2010); 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).
Smith’s action is dismissed in its entirety. The clerk of court
shall enter judgment and close the case.
SO ORDERED.
____________________________
Samantha D. Elliott
United States District Judge
Date: June 28, 2022
cc: Lorence Smith, pro se
Counsel of Record
Case 1:20-cv-00475-SE Document 12 Filed 07/06/22 Page 1 of 1