Winbush v. NH State Prison
Filing
4
///ORDER approving 3 Report and Recommendation. Court declines to issue a certificate of appealability. So Ordered by Judge Joseph A. DiClerico, Jr.(dae)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Bradley D. Winbush, Jr.
v.
Civil No. 13-cv-140-JD
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 May 31, 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/ Joseph A. DiClerico, Jr.
Joseph A. DiClerico, Jr.
United States District Judge
Date: June 20, 2013
cc:
Bradley D. Winbush, Jr., pro se
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?