Allen v. Hampshire House, Director et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Charles A. Allen, III
v.
Hampshire House, Director et al.
Case No. 19-cv-385-PB
ORDER
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated April 18, 2019, and dismiss, as premature, the
claims in Allen's petition (Doc. No. 1) alleging that the BOP's
failure to recalculate his sentence to date constitutes a
violation of section 102(b) of the First Step Act entitling him
to relief. 	“‘[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).
____________________________
Paul Barbadoro
United States District Judge
Date: May 14, 2019
cc: Charles A. Allen, III, pro se
/s/Paul Barbadoro
Case 1:19-cv-00385-PB Document 5 Filed 05/14/19 Page 1 of 1