Kuffel v. NH State Prison, Warden

Filing 3

///ORDER approving 2 Report and Recommendation. Court declines to issue a certificate of appealability. So Ordered by Chief Judge Joseph N. Laplante.(dae)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Corey Lee Kuffel
v.

Civil No. 12-cv-308-JL

NH State Prison, Warden

O R D E R
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Landya B. McCafferty dated December 5,
2012.

“‘[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, Rules Governing Habeas

Corpus Cases Under Section 2254; First Cir. LR 22.0.
SO ORDERED.
____________________________
Joseph N. Laplante
Chief Judge
Date: January 20, 2013
cc:

Michael D. Hulser, Esq.