Cullen v. NH State Prison, Warden

Filing 6

///ORDER approving 5 Report and Recommendation. The case is dismissed with prejudice. Additionally, the court declines to issue a certificate of appealability. So Ordered by Judge Steven J. McAuliffe.(vln) Modified on 11/29/2012 to correct date filed. (vln).

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE

Allan Cullen
v.

Criminal No. 12-cv-218-SM

NH State Prison, Warden

ORDER

I herewith approve the Report and Recommendation of Magistrate Judge
Landya B. McCafferty dated November 8, 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.§

2253(c)(2); Rule 11, Rules Governing Habeas Corpus Cases Under Section 2254;
First Cir. LR 22.0.
SO ORDERED.

November 28, 2012

cc:

Allan Cullen, Pro Se

_________________________________
Steven J. McAuliffe
United States District Judge