Beloin v. Hillsborough County Department of Corrections
Filing
22
ORDER approving 20 Report and Recommendations of Magistrate Judge Landya B. McCafferty. So Ordered by Chief Judge Joseph N. Laplante.(ko)
UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
Gerard M. Beloin
v.
Civil No. 11-cv-326-JL
Hillsborough County
Department of Corrections, et al.
ORDER
I herewith approve the Report and Recommendation of Magistrate Judge
Landya B. McCafferty dated August 27, 2011, no objection having been filed."
'[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.ยง
2253(c)(2); Rule 11, Rules Governing Habeas Corpus Cases Under Section 2254;
First Cir. LR 22.0.
SO ORDERED.
September 14 , 2011
cc:
Gerard M. Beloin
_________________________________
Joseph N. Laplante
Chief Judge
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