Herrera v. FCI Berlin, Warden

Filing 10

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

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Juan Herrera
v.

Case No. 23-cv-427-SE-AJ

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

For the reasons explained therein, the case

is dismissed, and the Warden’s Motion for Summary Judgment (Doc. No.
6) is denied, without prejudice, as moot.
“‘[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).
The Clerk is directed to enter judgment and close the case.
____________________________
Samantha D. Elliott
United States District Judge

Date: March 27, 2024
cc:

Juan Herrera, pro se
Counsel of record