Hutchinson v. NH State Prison, Warden

Filing 16

///ORDER approving 12 Report and Recommendation. So Ordered by Chief Judge Joseph N. Laplante.(ko)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Walter Hutchinson, Jr.
v.

Civil No. 12-cv-376-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 Landya B. McCafferty dated
October 15, 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.
____________________________
Joseph N. Laplante
Chief Judge
Date: December 6, 2013

cc:

Walter Hutchinson, Jr.
Elizabeth C. Woodcock, Esq.