Brown v. USA

Filing 12

ORDER approving 11 Report and Recommendation. So Ordered by Judge George Z. Singal.(ko)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Elaine Brown
v.

Civil No. 13-cv-21-GZS

United State of America

O R D E R
No objection having been filed, I herewith approve the Report
and Recommendation of Magistrate Judge Margaret J. Kravchuk dated
May 17, 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/ George Z. Singal
George Z. Singal
United States Judge
Date: June 7, 2013
cc:

Elaine Brown
Seth R. Aframe, Esq.