Breest v. NH State Prison, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Robert Breest
v.
NH State Prison, Warden
Case No. 24-cv-405-LM-TSM
ORDER
After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Talesha L.
Saint-Marc dated February 23, 2026. 	Finding that the petitioner has
failed to make substantial showing of the denial of a constitutional
right, the court declines to issue a certificate of appealability.
See 28 U.S.C. § 2253(c)(2); Rule 11, Rules Governing Habeas Corpus
Cases Under Section 2254; First Cir. LR 22.0.
The § 2254 Petition (Doc. No. 1), attachments thereto, and this
order, are transferred to the First Circuit Court of Appeals as an
application to approve a second or successive § 2254 petition under
§ 2244(b)(3), as this court lacks jurisdiction to consider the
Petition without such approval. In addition, Mr. Breest’s pending
motions (Doc. Nos. 5, 6) are denied without prejudice,
____________________________
Landya B. McCafferty
United States District Judge
Date: March 23, 2026
cc: 	Robert Breest, pro se
Case 1:24-cv-00405-LM-TSM Document 12 Filed 03/23/26 Page 1 of 1