Nunez v. FCI Berlin, Warden

Filing 19

ORDER denying 17 Motion for Summary Judgment; approving 18 Report and Recommendation. ORDER:RESPONDENT SHALL SHOW CAUSE, within fourteen days why Nunezs 28 U.S.C. § 2241 habeas petition (Doc. No. 1) should not be granted. So Ordered by Chief Judge Joseph N. Laplante.Notice of Compliance deadline set for 10/9/18.(cmp)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Jose Nunez
Case No. 16-cv-00129-JL

v.
FCI Berlin, Warden

ORDER

No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated September 4, 2018 .

“‘[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).

____________________________
Joseph N. Laplante
Chief Judge
Date: September 24, 2018
Cc: Jose Nunez, pro se
Seth Aframe, AUSA