Strom v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Justin Deonta Strom
v.
FCI Berlin, Warden
Case No. 23-cv-176-LM
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated February
12, 2024 . 	“‘[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).
The Warden’s motion for summary judgment (Doc. No. 5) is denied
without prejudice to his ability to file a motion for summary judgment
on the merits. 	The respondent is directed, within thirty days of the
date of the order, to either file a motion for summary judgment on the
merits of Strom’s claims or advise the court that an evidentiary
Case 1:23-cv-00176-LM Document 12 Filed 03/13/24 Page 1 of 2

hearing is necessary to resolve those claims.
____________________________
Landya B. McCafferty
United States District Judge
Date: March 13, 2024
cc: Justin Deonta Strom, pro se
Counsel of Record
Case 1:23-cv-00176-LM Document 12 Filed 03/13/24 Page 2 of 2