Gay v. NH, State of
ORDER approving 5 Report and Recommendation; denying 4 Motion to Withdraw Habeas Corpus and granting 6 Motion to Stay( Status Report due by 3/5/2018.) So Ordered by Chief Judge Joseph N. Laplante.(cmp)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
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 31, 2017 and grant petitioner’s motion
“‘[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
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.
U.S.C.§ 2253(c)(2); Rule 11, Rules Governing Habeas Corpus Cases
Under Section 2254; First Cir. LR 22.0.
Joseph N. Laplante
Date: December 4, 2017
Cc: Christopher Gay, Esq.
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