Ortiz v. NH State Prison, Warden

Filing 21

ORDER approving 19 Report and Recommendation, granting 16 Motion to amend the § 2254 petition to drop unexhausted claims. So Ordered by Chief Judge Joseph N. Laplante.(cmp)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Hector Ortiz
v.

Civil No. 12-cv-00372-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 Andrea K. Johnstone dated
July

7,

2014.

“‘[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.’”
Co.,

617

Secretary

F.3d
of

554,
Health

School Union No. 37 v. United Nat'l Ins.

564
&

(1st
Human

Cir.

2010)

Servs.,

848

(quoting
F.2d

Keating

271,

275

v.

(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
August 8, 2014
Date: August 12, 2014

cc:

Hector Ortiz, Pro se
Elizabeth C. Woodcock, Esq.