Rivera v. NH State Prison for Men, Warden

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