Schillinger v. NH State Prison

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Greg Schillinger
v.
NH State Prison
Case No. 20-cv-698-JL
ORDER
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated June 22, 2020 . “‘[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). Additionally, finding that the
petitioner has failed to make a substantial showing of the denial of a
constitutional right, the court declines to issue a certificate of
appealability as to claims 3(a) and 3(b). See 28 U.S.C.§ 2253(c)(2);
Rule 11, Rules Governing Habeas Corpus Cases Under Section 2254; First
Cir. LR 22.0.
____________________________
Joseph N. Laplante
United States District Judge
Date: August 4, 2020
cc: Greg Schillinger, pro se
Case 1:20-cv-00698-JL Document 4 Filed 08/04/20 Page 1 of 1