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)

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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.

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