Chartrand v. NH Department of Corrections

Filing 14

///ORDER re 10 Report and Recommendation: No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Landya B. McCafferty dated February 11, 2013. So Ordered by Chief Judge Joseph N. Laplante.(ko) Modified on 4/26/2013 to add: ///(ko).

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Bradford Chartrand
v.

Civil No. 12-cv-255-JL

NH Department of Corrections, et al

O R D E R
Plaintiff filed a Motion to Extend Time to File an Appeal on
March 4, 2013. The Court construed the motion as a request to extend
time to file a response to the February 11, 2013 Report and
Recommendation. A response due date of April 8, 2013 was ordered.
No objection having been filed, I herewith approve the Report
and Recommendation of Magistrate Judge Landya B. McCafferty dated
February 11, 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 appeal ability.

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: April 25, 2013
cc:

Bradford Chartrand