Boxton v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Vinston Boxton
v.
FCI Berlin, Warden
Case No. 23-cv-185-PB
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated July 6, 2023, deny the respondent's dispositive motion (Doc. No.
5) as moot and dismiss this case as moot, see Francis v. Maloney, 798
F.3d 33, 38 (1st Cir. 2015). The clerk shall enter judgment and close
the case.
“‘[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).
____________________________
Paul J. Barbadoro
United States District Judge
Date: July 24, 2023
cc: Vinston Boxton, pro se
Michael McCormack, AUSA
/s/Paul Barbadoro
Case 1:23-cv-00185-PB Document 9 Filed 07/24/23 Page 1 of 1