Astudillo-Lemos v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Mario Astudillo-Lemos
v.
FCI Berlin, Warden
Case No. 23-cv-116-SE
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated June 12, 2023. For the reasons explained therein, the Warden’s
motion to dismiss (doc. no. 5) is denied as moot and the case is
dismissed as moot, as the petitioner was released from BOP custody on
June 5, 2023.
“[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) (quotation omitted); see 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 clerk is directed to enter judgment and close this case.
SO ORDERED.
____________________________
Samantha D. Elliott
United States District Judge
Date: July 10, 2023
Case 1:23-cv-00116-SE Document 7 Filed 07/10/23 Page 1 of 2

cc: Mario Astudillo-Lemos, pro se
Counsel of Record
Case 1:23-cv-00116-SE Document 7 Filed 07/10/23 Page 2 of 2