Gonzalez v. FCI Berlin, Warden

Filing 13

///ORDER approving 12 Report and Recommendation. So Ordered by Judge Samantha D. Elliott.(vln)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
David Gonzalez
v.

Case No. 23-CV-85-SE

FCI Berlin, Warden
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated January
24, 2024.

For the reasons explained therein, the Warden’s Motion for

Summary Judgment (Doc. No. 6) is granted, and the Petitioner’s Motion
for Injunctive Relief (Doc. No. 10) is denied.
“‘[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).
____________________________
Samantha D. Elliott
United States District Judge
Date: March 27, 2024
cc:

David Gonzalez, pro se
Counsel of record