Bergeron v. NH, State of

Filing 9

///ORDER approving 8 Report and Recommendation; denying as moot 5 Motion to Consolidate Cases; denying as moot 7 Motion for Hearing and Stop Playing These Legal Games. So Ordered by Judge Paul J. Barbadoro.(js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Michael Joseph Bergeron, Jr.
Case No. 18-cv-525-PB

v.
NH, State of
ORDER

No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated December
3, 2018.

“‘[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).

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.
Plaintiff’s Motion to Merge Cases & Change Venue to the Federal
District Court (doc. no. 5), and Motion for Hearing and Stop Playing
These Legal Games (doc. no. 7), are denied as moot.
/s/Paul J. Barbadoro
____________________________
Paul J. Barbadoro
United States District Judge
Date: December 28, 2018
cc: Michael Joseph Bergeron, Jr., pro se