Cuero v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Genaro Cuero
v.
FCI Berlin, Warden
Case No. 23-cv-125-SE
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated October 16, 2023. For the reason explained therein, I dismiss
Cuero’s petition as moot and deny the respondent’s motion to dismiss
(doc. no 5) as moot.
“‘[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 clerk of court to enter judgment and close this case.
____________________________
Samantha D. Elliott
United States District Judge
Date: November 1, 2023
Case 1:23-cv-00125-SE-AJ Document 7 Filed 11/01/23 Page 1 of 2

cc: Counsel of Record
Genaro Cuero, pro se
Case 1:23-cv-00125-SE-AJ Document 7 Filed 11/01/23 Page 2 of 2