Pineda-Martinez v. FCI Berlin, Warden

Filing 9

ORDER approving 7 Report and Recommendation. So Ordered by Judge Samantha D. Elliott.(vln)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Frixon Eduardo Pineda-Martinez
v.

Case No. 23-cv-555-SE

FCI Berlin, Warden

ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated July 30,
2024. For the reasons explained therein, the Warden’s motion to
dismiss (Doc. No. 5) 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. 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).
____________________________
Samantha D. Elliott
United States District Judge
Date: September 25, 2024
cc:

Frixon Eduardo Pineda-Martinez, pro se
Counsel of Record