Johnson v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Nasir Johnson
v.
FCI Berlin, Warden
Case No. 1:23-cv-00169-SE
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated May 30, 2023. For the reasons explained therein, I dismiss this
case, without prejudice, as the petitioner has not paid the filing fee
in this matter or filed a motion to obtain in forma pauperis status.
See 28 U.S.C. §§ 1914(a), 1915(a); Rules 1(b) & 3(a) of the Rules
Governing § 2254 Cases. “[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.” Sch. Union No. 37 v. United Nat’l Ins. Co., 617 F.3d 554,
564 (1st Cir. 2010) (quotation omitted); see 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 pending motion for summary judgment is denied without
prejudice. Petitioner’s action is dismissed, without prejudice, in its
entirety. The clerk is directed to enter judgment and close this case.
SO ORDERED.
____________________________
Samantha D. Elliott
United States District Judge
Date: June 22, 2023
cc: 	Nasir Johnson, pro se
Seth Aframe, AUSA
Case 1:23-cv-00169-SE Document 8 Filed 06/22/23 Page 1 of 1