1:23-cv-00226•Rivera v. NH State Prison for Men, Warden
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UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE Ernesto Rivera v. NH State Prison for Men, Warden Case No. 23-cv-226-JL-AJ ORDER No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated March 9, 2026. “[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.” Rivera-Aponte v. Gomez Bus Line, Inc., 62 F.4th 1, 10 (1st Cir. 2023) (quoting Sch. Union No. 37 v. United Nat’l Ins. Co., 617 F.3d 554, 564 (1st Cir. 2010)); see also Santos-Santos v. Torres-Centeno, 842 F.3d 163, 168 (1st Cir. 2016) (“[P]arties who fail to file objections to a magistrate judge’s report and recommendation lose their right to appellate review.”). Additionally, finding that the petitioner has failed to make a substantial showing of the denial of a constitutional right, the court declines to issue a certificate of appealability. See 28 U.S.C.§ 2253(c)(2); Rule 11, Rules Governing Habeas Corpus Cases Under Section 2254; First Cir. LR 22.0. ____________________________ Joseph N. Laplante United States District Judge Date: March 30, 2026 cc: Ernesto Rivera, pro se John Drennan, Esq. Case 1:23-cv-00226-JL-AJ Document 13 Filed 03/30/26 Page 1 of 1
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