Matthews v. FCI Berlin, Warden
/// ORDER approving 5 Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated May 25, 2017. The Petition is hereby dismissed. The court declines to issue a certificate of appealability. So Ordered by Judge Steven J. McAuliffe.(jbw)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Alexander Otis Matthew
Case No. 17-cv-108-SM
FCI Berlin, 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 May 25, 2017 (document no. 5, for the reasons
set forth therein.
“‘[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).
Mr. Matthews’ § 2241 Petition is hereby dismissed. The
Clerk of Court shall enter judgment in accordance with this
order and close the case.
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
See 28 U.S.C.§ 2253(c)(2); Rule 11, Rules
Governing Habeas Corpus Cases Under Section 2254; First Cir. LR
Steven J. McAuliffe
United States District Judge
Date: June 28, 2017
Alexander Otis Matthews, pro se
Seth Aframe, AUSA
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