Tito v. Northern Correctional Facility, Warden

Filing 8

///ORDER approving 5 Report and Recommendation dismissing petitioner's § 2241 petition without prejudice to his ability to refile it as a prisoner civil rights claim. So Ordered by Judge Paul J. Barbadoro.(js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Albert Tito
Case No. 18-cv-361-PB

v.
Northern Correctional Facility, Warden

ORDER

No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated October 26, 2018, and dismiss petitioner’s
§ 2241 petition without prejudice to his ability to refile it as
a prisoner civil rights claim.

“‘[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).
/s/ Paul Barbadoro
____________________________
Paul Barbadoro
United States District Judge
Date: December 3, 2018
cc: Albert Tito, pro se