Alcorta v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Brian Alcorta
v.
FCI Berlin, Warden
21-cv-250-PB
ORDER
After due consideration of the objection filed, I herewith
approve the Report and Recommendation of Magistrate Judge Andrea
K. Johnstone dated July 27, 2021. Alcorta’s Motion for Release
on Bail (Doc. No. 5) is denied.
Additionally, I approve the Report and Recommendation of
Magistrate Judge Andrea K. Johnstone dated July 13, 2021, noting
that no objection has been filed with the court. Accordingly, I
deny Alcorta’s Motion for Order of Default (Doc. No. 15).
“‘[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).
Case 1:21-cv-00250-PB Document 22 Filed 09/01/21 Page 1 of 2

____________________________
Paul Barbadoro
United States District Judge
Date: September 1, 2021
/s/ Paul Barbadoro
Case 1:21-cv-00250-PB Document 22 Filed 09/01/21 Page 2 of 2