Portela Noriega v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Juan Carlos Portela Noriega
v.
FCI Berlin, Warden
Case No. 23-cv-318-LM
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated October 31, 2023. For the reasons explained therein, the
petition is dismissed as moot. Further, 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.’” 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 shall enter judgment and close the case.
____________________________
Landya B. McCafferty
Chief Judge
Date: November 13, 2023
cc: Juan Carlos Portela Noriega, pro se
Heather A. Cherniske, AUSA
Case 1:23-cv-00318-LM-AJ Document 7 Filed 11/13/23 Page 1 of 1