Cortes v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Carlos Tobar Cortes
v.
FCI Berlin, Warden
Case No. 23-cv-159-LM
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated April 7,
2023. For the reasons explained therein, the respondent’s motion to
dismiss (doc. no. 4) is denied 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.” 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.
____________________________
Landya B. McCafferty
Chief Judge
Date: May 8, 2023
cc: Michael T. McCormack, Esq.
Case 1:23-cv-00159-LM Document 7 Filed 05/08/23 Page 1 of 1