Mendoza v. NH, State of
Filing
8
///ORDER approving 7 Report and Recommendation, dismissing the petition, without prejudice, pursuant to § 2254 Rule 4 and LR 4.3(d)(4). So Ordered by Judge Landya B. McCafferty.(js)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Hezekiah Mendoza
Case No. 17-cv-318-LM
v.
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 December 7, 2017, and dismiss the petition,
without prejudice, pursuant to § 2254 Rule 4 and LR 4.3(d)(4).
“‘[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.
____________________________
Landya B. McCafferty
United States District Judge
Date: January 17, 2018
cc: Hezekiah Mendoza, pro se
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