Gutierrez v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Carlos Alberto Gutierrez
v.
FCI Berlin, Warden
Case No. 23-cv-138-LM
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated December 29, 2023. For the reasons explained therein, the
respondent’s motion to dismiss (Doc. No.5) is granted. “‘[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 is directed to enter judgment and close this case.
____________________________
Landya B. McCafferty
Chief Judge
Date: January 22, 2024
cc: Carlos Alberto Gutierrez, pro se
Terry L. Ollila, Esq.
Case 1:23-cv-00138-LM-AJ Document 11 Filed 01/22/24 Page 1 of 1