Fields v. FCI Berlin, Warden
Filing
26
ORDER granting 15 Motion for Summary Judgment; approving 21 Report and Recommendation. So Ordered by Judge Landya B. McCafferty.(de)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Salwillel W.T. Fields
v.
Civil No. 15-cv-374-LM
FCI Berlin, Warden
O R D E R
No objection was filed in this case. Mr. Fields filed a
Motion to Stay which I denied.
In light of this, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea
K. Johnstone dated June 26, 2017.
“‘[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. ValenciaCopete, 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.
____________________________
Landya B. McCafferty
United States District Judge
Date: September 20, 2017
cc:
Salwillel W.T. Fields, pro se
Seth R. Aframe, Esq.
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