Perry v. FCI Berlin, Warden

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
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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