1:19-cv-01003•Hayes v. FCI Fort Dix
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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE John Hayes v. FCI Fort Dix Case No. 19-cv-1003-PB ORDER No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated May 19, 2020 and dismiss Mr. Hayes’s § 2241 petition without prejudice to his ability to refile it in the United States District Court for the Southern District of New York. “‘[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: June 25, 2020 cc: John Hayes, pro se /s/Paul Barbadoro Case 1:19-cv-01003-PB Document 4 Filed 06/25/20 Page 1 of 1
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