Amatucci v. O'Brien et al

Filing 9

///ORDER approving 7 Report and Recommendation. Court declines to issue a certificate of appealability. So Ordered by Chief Judge Joseph N. Laplante.(dae)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Josephine Amatucci
v.

Civil No. 13-cv-27-JL

James O'Brien, 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 May 21,
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.
SO ORDERED.
____________________________
Joseph N. Laplante
Chief Judge
Date: July 29, 2013
cc:

Josephine Amatucci, pro se