Herrera v. FCI Berlin, Warden

Filing 10

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

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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

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