Dore v. Carroll County Department of Corrections et al

Filing 4

///ORDER approving #2 Report and Recommendation. So Ordered by Chief Judge Landya B. McCafferty.(js)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

George L Dore,
by Jennifer-Anne:Dore
v.

Case No. 21-cv-857-LM

Carroll County Department of
Corrections et al.
ORDER

No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated October
28, 2021, and dismiss the § 2254 petition (Doc. No. 1), without
prejudice, for lack of exhaustion of state remedies and decline to
issue a certificate of appealability.

“‘[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
Chief Judge
Date: November 19, 2021
cc: Jennifer-Anne Dore