Butler v. NH State Prison for Men, Warden, et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Andrew Butler
v.
NH State Prison for Men, Warden, et al
Case No. 18-cv-336-SM
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated September
12, 2018, for the reasons set forth therein. The Motion to Dismiss
(doc. no. 4) the petition is hereby granted without prejudice.
Petitioner’s oral request to stay this matter is denied.
“‘[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 certificate of appealability. 	See 28 U.S.C.§
Case 1:18-cv-00336-SM Document 19 Filed 10/23/18 Page 1 of 2

2253(c)(2); Rule 11, Rules Governing Habeas Corpus Cases Under Section
2254; First Cir. LR 22.0.
____________________________
Steven J. McAuliffe
United States District Judge
Date: October 23, 2018
cc: 	Sandra F. Bloomenthal, Esq.
Robert T. Bloomenthal, Esq.
Lynmarie C. Cusack, Esq.
Lindsey B. Courtney, Esq.
Laurie Smith Young, Esq.
Case 1:18-cv-00336-SM Document 19 Filed 10/23/18 Page 2 of 2