Kargbo v. State of New Hampshire

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Abu B. Kargbo
v.
Warden, New Hampshire State Prison
Case No. 15-cv-315-PB
ORDER
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated June 6, 2018, and order the following:
1. Respondent’s motion for summary judgment (Doc. No.
89), is granted in full;
2. Petitioner’s four motions for reconsideration (Doc.
Nos. 100, 101, 102, 103) are denied; and
3. Petitioner’s motions to satisfy a state procedural
requirement (Doc. Nos. 104, 105), motions for
contemporaneous objection (Doc. Nos. 106, 107), and
motions to establish cause and prejudice (Doc. Nos.
108, 109) are 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
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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.§ 2253(c)(2); Rule 11, Rules
Governing Habeas Corpus Cases Under Section 2254; First Cir. LR
22.0. The clerk is directed to enter judgment for respondent and
close this case.
____________________________
Paul Barbadoro
United States District Judge
Date: July 3, 2018
cc: Abu B. Kargbo, pro se
Elizabeth C. Woodcock, Esq.
/s/ Paul Barbadoro
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