Costa v. Strafford County Department of Corrections, Acting Superintendent et al

Filing 8

///ORDER approving 6 Report and Recommendation re 1 Petition for Writ of Habeas Corpus - 2241, recommending Costa's § 2241 petition is moot, and the district judge should dismiss Costa's petition. So Ordered by Chief Judge Joseph N. Laplante.(jb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jorge B. Costa a/k/a Jorge B. Decosta
v.
Civil No. 17-cv-151-JL
Strafford County Department of
Corrections, et al.
O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated September 13, 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).
SO ORDERED.
____________________________
Joseph N. Laplante
United States District Judge
Date: October 3, 2017
cc:

Jorge B. Costa, pro se
Terry L. Ollila, AUSA