Davis v. FCI Berlin, Warden

Filing 12

///ORDER approving 11 Report and Recommendation. So Ordered by Chief Judge Landya B. McCafferty.(js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Moses Davis
Case No. 20-cv-599-LM

v.
FCI Berlin, Warden

ORDER
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated June 24, 2021, dismiss the petition, without
prejudice, for lack of savings clause jurisdiction and direct
the clerk to enter judgment and close this case.

“‘[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).
____________________________
Landya B. McCafferty
Chief Judge
Date: July 15, 2021
cc: Counsel of Record