Gangi v. Robinson et al

Filing 12

///ORDER approving 11 Report and Recommendation; granting 9 Motion to Dismiss with prejudice;denying as moot 6 Motion to Remand to State Court. ; denying as moot 10 Motion to Extend Time to Object/Respond. So Ordered by Chief Judge Joseph N. Laplante.(cmp)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Matthew Robert Gangi
v.

Civil No. 14-cv-285-JL

Robinson et al

O R D E R
No objection having been filed, I herewith approve the Report
and Recommendation of Magistrate Judge Andrea K. Johnstone dated
September 15, 2014. “‘[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.
____________________________
Joseph N. Laplante
Chief Judge
Date: October 17, 2014
October 20, 2014
cc:

Matthew Robert Gangi, Pro se
Robert J. Rabuck , AUSA