Hart v. NH State Prison, Warden

Filing 42

ORDER approving 24 Report and Recommendation; denying 16 Motion for Summary Judgment. So Ordered by Judge Steven J. McAuliffe.(lml)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Kenneth H. Hart
v.

Case No. 18-cv-424-SM

NH Attorney General

ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated September
18, 2018 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 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.

____________________________
Steven J. McAuliffe
United States District Judge
Date: March 12, 2019
cc:

Donna J. Brown, Esq.
Elizabeth C. Woodcock, Esq.