Boxton v. FCI Berlin, Warden
Boxton v. FCI Berlin, Warden
Trial Court Opinion
DISTRICT OF NEW HAMPSHIRE Vinston Boxton v. Case No. 23-cv-185-PB FCI Berlin, Warden
ORDER No objection having been filed, I herewith approve the Endorsed Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated July 6, 2023, deny the respondent's dispositive motion (Doc. No. 5) as moot and dismiss this case as moot, see Francis v. Maloney,
798 F.3d 33, 38(1st Cir. 2015). The clerk shall enter judgment and close the case. “‘[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). _/_s_/_P_a_u_l_ _B_a_r_b_a_d_o_r_o___________ Paul J. Barbadoro United States District Judge Date: July 24, 2023 cc: Vinston Boxton, pro se Michael McCormack, AUSA
Reference
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