Dean v. USA

Filing 25

///ORDER approving 23 Report and Recommendation; granting 10 Motion to Dismiss. So Ordered by Chief Judge Joseph N. Laplante.(cmp)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Charles Dean v. Civil No. 14-cv-184-JL United States of America O R D E R No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated November 12, 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.’” Co., 617 Secretary F.3d of 554, Health School Union No. 37 v. United Nat'l Ins. 564 & (1st Human Cir. 2010) Servs., 848 (quoting F.2d Keating 271, 275 v. (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: December 10, 2014 cc: Charles Dean, Pro se Robert J. Rabuck, AUSA

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