Nunez v. FCI Berlin, Warden

Filing 16

ORDER approving 15 Report and Recommendation; denying without prejudice 10 Motion for Summary Judgment. So Ordered by Chief Judge Joseph N. Laplante.(jb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jose Nunez
v.

Civil No. 16-cv-129-JL

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 July 24, 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).
SO ORDERED.
____________________________
Joseph N. Laplante
United States District Judge
Date: August 10, 2017
cc:

Jose Nunez, pro se
Seth R. Aframe, AUSA