Czekalski v. NH State Prison, Warden

Filing 16

ORDER approving 11 Report and Recommendation; denying 7 Motion for Protective Order. So Ordered by Chief Judge Joseph N. Laplante.(cmp)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Jason A. Czekalski
v.

Case No.

17-cv-00064-JL

NH State Prison, 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 March 2, 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).

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.
____________________________
Joseph N. LaPlante
Chief Judge
Date: March 29, 2018
April 13, 2018
Cc: Elizabeth Woodcock, Esq.
Jason Czekalski, pro se