Lewis v. FCI Berlin, Warden

Filing 17

ORDER approving 13 Report and Recommendation of Magistrate Judge Andrea K. Johnstone; denying without prejudice 10 Respondent's Motion for Summary Judgment. So Ordered by Judge Landya B. McCafferty.(jbw)

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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Darnell L. Lewis v. Case No. 16-cv-188-LM Warden, Federal Correctional Institution, Berlin, New Hampshire O R D E R No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated April 27, 2017, for the reasons set forth therein. Respondent’s motion for summary judgment (document no. 10) is hereby denied, without prejudice. “‘[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). SO ORDERED. ____________________________ Landya B. McCafferty United States District Judge Date: May 17, 2017 cc: Darnell L. Lewis, pro se Seth R. Aframe, AUSA

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