Brown v. Northern NH Correctional Facility, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Clinton S. Brown
v.
Northern NH Correctional Facility,
Warden
Civil No. 17-cv-30-JD
O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated January 30, 2017. “‘[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). 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
Case 1:17-cv-00030-JD Document 5 Filed 02/15/17 Page 1 of 2

11, Rules Governing Habeas Corpus Cases Under Section 2254;
First Cir. LR 22.0.
SO ORDERED.
/s/ Joseph A. DiClerico, Jr.
Joseph A. DiClerico, Jr.
United States District Judge
Date: 2/15/2017
cc: Clinton S. Brown, pro se
Case 1:17-cv-00030-JD Document 5 Filed 02/15/17 Page 2 of 2