Bryan-Lever v. Federal Bureau of Prisons

Filing 14

///ORDER approving 13 Report and Recommendation. The clerk is directed to enter judgment and close this case. So Ordered by Judge Samantha D. Elliott.(vln)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE

Anderson Bryan-Lever
v.

Case No. 1:23-cv-00180-SE

FCI Berlin, Warden
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated February
12, 2024 (doc. no. 13). For the reasons explained therein, respondent’s
motion to dismiss or for summary judgment (doc. no. 5) is granted.
“[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.” Sch.
Union No. 37 v. United Nat’l Ins. Co., 617 F.3d 554, 564 (1st Cir.
2010) (quotation omitted); see 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).
Petitioner’s action is dismissed in its entirety, without
prejudice to his ability to file a new § 2241 action once he exhausts
his administrative remedies. The clerk is directed to enter judgment
and close this case.
SO ORDERED.

____________________________
Samantha D. Elliott
United States District Judge
Date: March 27, 2024
cc:

Anderson Bryan-Lever, pro se

Counsel of Record