Lindsay v. Mulliens

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Anthony Lindsay
v.
Warden, Federal Correctional
Institution, Berlin, New Hampshire
Case No. 19-cv-1101-PB
ORDER
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated February 26, 2021, grant the Warden’s motion to
dismiss (Doc. No. 8) and dismiss Lindsay’s petition (Doc. No.
1), without prejudice to his ability to refile claims against a
proper respondent in the district in which he is incarcerated.
“‘[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: April 21, 2021
cc: Anthony Lindsay, pro se
/s/Paul Barbadoro
Case 1:19-cv-01101-PB Document 13 Filed 04/21/21 Page 1 of 1