1:21-cv-00252•Perry v. FCI Berlin, Warden
Full text
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE Kevin A. Perry, Jr. v. Civil No. 21-cv-252-SE Warden, FCI Berlin O R D E R No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated December 23, 2021 (doc. no. 30). Mr. Perry’s 28 U.S.C. § 2241 petition is no longer justiciable and is DISMISSED without prejudice. All pending motions (doc. nos. 9, 12, 22, and 27) are DENIED as moot. Judgment should enter, and this case should be closed. “[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.” Sch. Union No. 37 v. United Nat'l Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010) (quotation omitted); see United States v. Valencia-Copete, 792 F.2d 4, 6 (1st Cir. 1986) (after proper Case 1:21-cv-00252-SE Document 31 Filed 01/31/22 Page 1 of 2
2 notice, failure to file a specific objection to magistrate's report waives the right to appeal district court’s order). SO ORDERED. __________________________ Samantha D. Elliott United States District Judge January 31, 2022 cc: Kevin A. Perry, Jr., pro se Seth R. Aframe, Esq. Case 1:21-cv-00252-SE Document 31 Filed 01/31/22 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.