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)

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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

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