Messina v. Northern NH Correctional Facility, Warden

1
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Michael F. Messina, Jr.
v.
Northern NH Correctional Facility, Warden,
et al
Case No. 19-cv-539-SM
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated February
20, 2026, for the reasons set forth therein. “‘[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 11,
Case 1:19-cv-00539-SM-AJ Document 41 Filed 03/20/26 Page 1 of 2

2
Rules Governing Habeas Corpus Cases Under Section 2254; First Cir. LR
22.0.
The clerk of court shall enter judgment and close the case.
So Ordered.
____________________________
Steven J. McAuliffe
United States District Judge
Date: March 20, 2026
cc: 	Michael F. Messina, Jr., pro se
Counsel of Record
Case 1:19-cv-00539-SM-AJ Document 41 Filed 03/20/26 Page 2 of 2