Thompson v. Strafford County Department of Corrections et al

Filing 6

/// ORDER approving the 5 Report and Recommendation; dismissing the 1 Complaint for lack of jurisdiction. So Ordered by Judge Steven J. McAuliffe.(jab) Modified on 7/23/2013 to correct docket text. (jab).

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Trezjuan Thompson
v.
Case N o . 13-cv-52-SM
Strafford County Department of
Corrections

O R D E R

No objection having been filed, I herewith approve the Report
and Recommendation of Magistrate Judge Landya B . McCafferty dated
June 2 7 , 2013, for the reasons set forth therein. “‘[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 N o . 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).
Petitioner’s § 2241 petition is hereby dismissed for lack of
jurisdiction.

This order of dismissal is without prejudice to

petitioner proceeding on similar claims in the District of Maine,
and without prejudice to Petitioner filing, in any court of competent
jurisdiction, claims arising from the same factual allegations in

a Bivens action or in an action filed pursuant to 42 U.S.C. § 1983.
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 1 1 , Rules Governing Habeas Corpus Cases
Under Section 2254; First Cir. LR 22.0.

Date: July 2 2 , 2013
cc:

Trezjuan Thompson, pro se