1:22-cv-00538•Dancy v. FCI Berlin, Warden
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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Dure Dancy v. FCI Berlin, Warden Case No. 22-cv-538-SE ORDER No objection having been filed, I herewith approve the Endorsed Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated April 7, 2023, and deny the motion for summary judgment (Doc. No. 6) as moot, and also dismiss this case as moot, see Francis v. Maloney, 798 F.3d 33, 38 (1st Cir. 2015). “[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 notice, failure to file a specific objection to magistrate’s report will waive the right to appeal). Petitioner’s action is dismissed in its entirety. The clerk is directed to enter judgment and close this case. SO ORDERED. ____________________________ Samantha D. Elliott United States District Judge Date: May 5, 2023 cc: Dure Dancy, pro se Counsel of Record Case 1:22-cv-00538-SE Document 8 Filed 05/05/23 Page 1 of 1
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