Van Doan v. FCI Berlin, Warden

1:23-cv-00183NhdMar 13, 2024

Full text

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Giang Van Doan
v.
FCI Berlin, Warden
Case No. 23-cv-183-LM-AJ
ORDER
No objection having been filed, I herewith approve the Report and
Recommendation of Magistrate Judge Andrea K. Johnstone dated February
21, 2024 . 	“‘[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).
Respondents’ motion for summary judgment (Doc. No. 5) on the
FSA time credit claim is granted, leaving for further proceedings
Petitioner’s claims challenging his ICE detainer, which are not
addressed in the summary judgment motion. Respondents must file a
(second) motion for summary judgment addressing the ICE detainer
Case 1:23-cv-00183-LM-AJ Document 18 Filed 03/13/24 Page 1 of 2
claims within 30 days.
____________________________
Landya B. McCafferty
United States District Judge
Date: March 13, 2024
cc: Giang Van Doan, pro se
Counsel of Record
Case 1:23-cv-00183-LM-AJ Document 18 Filed 03/13/24 Page 2 of 2

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