Lewis v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Darnell L. Lewis
v.
Warden, Federal Correctional
Institution, Berlin, New Hampshire
Case No. 16-cv-188-LM
O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated January 30, 2018, and grant the petition for a
writ of habeas corpus, and direct the BOP to credit Lewis’s
sentence for the time spent in custody between April 16, 2009
and January 1, 2010. 	“‘[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: February 26, 2018
cc: 	Darnell L. Lewis, pro se
Seth Aframe, AUSA
Case 1:16-cv-00188-LM Document 26 Filed 02/26/18 Page 1 of 1