Hilario v. FCI Berlin, Warden

Filing 17

/// ORDER approving 14 Report and Recommendation dismissing without prejudice 1 Petition for a Writ of Mandamus; denying as moot 5 Motion to Request a "Constitutional Jury"; denying as moot 16 Motion for an Evidentiary Hearing. So Ordered by Judge Steven J. McAuliffe.(jab)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jose Miguel Hilario
v.

Case No. 14-cv-342-SM

FCI Berlin, Warden

O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated December 10, 2015, 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 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).
Mr. Hilario’s Petition for a Writ of Mandamus (document no.
1) is dismissed without prejudice to his ability to file a
§ 2255 motion in the District of Rhode Island.

Petitioner’s

Motion to Request a Constitutional Jury (document no. 5) and

Motion for an Evidentiary Hearing (document no. 16) are both
denied as moot.

SO ORDERED.
____________________________
Steven J. McAuliffe
United States District Judge
Date: January 6, 2015
cc:

Jose Miguel Hilario, pro se