Brown v. Northern NH Correctional Facility, Warden

Filing 5

///ORDER approving 4 Report and Recommendation. So Ordered by Judge Joseph A. DiClerico, Jr.(ko)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Clinton S. Brown v. Civil No. 17-cv-30-JD Northern NH Correctional Facility, 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 January 30, 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. /s/ Joseph A. DiClerico, Jr. Joseph A. DiClerico, Jr. United States District Judge Date: 2/15/2017 cc: Clinton S. Brown, pro se

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?