Perales v. US House of Representatives, Standing Committee on Appropriations et al
Filing
8
///ORDER approving 7 Report and Recommendation; denying 5 Motion to Amend. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Azael Dythian Perales
v.
v.
Civil No. 12-cv-140-JD
US House of Representatives, Standing
Committee on Appropriations Chairman, et
al.
O R D E R
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Landya B. McCafferty dated July 19,
2013.
“‘[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.
/s/ Joseph A. DiClerico, Jr.
Joseph A. DiClerico, Jr.
United States District Judge
Date: August 8, 2013
cc:
Azael Dythian Perales, pro se
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