Barber v. NH, State of

Filing 13

/// ORDER approving the 11 Report and Recommendation dated October 16, 2017; and dismisses, without prejudice, the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The court declines to issue a certificate of appealability. The Clerk of Court shall enter judgment in accordance with this order and close the case. So Ordered by Judge Steven J. McAuliffe.(jbw)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Byron Barber
v.

Case No. 17-cv-201-SM

State of 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 October 16, 2017, for the reasons set forth
therein.

Mr. Barber’s Petition for Writ of Habeas Corpus

pursuant to 28 U.S.C. § 2254 is dismissed 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).
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.
The Clerk of Court shall enter judgment in accordance with
this order and close the case.

____________________________
Steven J. McAuliffe
United States Magistrate Judge
Date: November 28, 2017

CC:

Byron Barber, pro se