USA v. Agisim

Filing 5

///ORDER approving 4 Report and Recommendation of Magistrate Judge Landya B. McCafferty dated May 1, 2013. So Ordered by Chief Judge Joseph N. Laplante.(lml)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

United States of America
v.

Case No. 1:13-mc-12-JL

Frederick Agisim

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 1, 2013.
The taxpayer, Frederick Agisim, is ordered to appear on June
10, 2013, at 9:00 a.m., at the IRS office located at 410 Amherst
Street, Suite 350, Nashua, New Hampshire, before Revenue Officer
Allison Vermette(or any other authorized Revenue Officer of the IRS)
to give testimony and produce all books and records in his possession
or control required and called for by the terms of the summons of
September 11, 2012.
“‘[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 N. Laplante
Joseph N. Laplante
Chief Judge
Date: May 21, 2013
cc:

T. David Plourde, AUSA
Frederick Agisim, pro se