Sackie v. Strafford County Department of Corrections, Acting Superintendent et al

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Eric B. Sackie
v.
Superintendent, Strafford County
Department of Corrections; U.S.
Immigration and Customs Enforcement;
C.M. Cronen, Field Office Director;
and Karen Bruce, Deportation Officer
Case No. 17-cv-5-SM
O R D E R
No objection having been filed, I herewith approve the
Report and Recommendation of Magistrate Judge Andrea K.
Johnstone dated June 6, 2017, for the reasons set forth therein.
“‘[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).
The federal respondents’ motion to dismiss is hereby
granted in its entirely (document no. 9), without prejudice to
Case 1:17-cv-00005-SM Document 18 Filed 07/06/17 Page 1 of 2

Mr. Sackie’s ability to file a new § 2241 petition asserting a
Zadvydas claim in a court with jurisdiction over that claim.
The Clerk of Court shall enter judgment in accordance with this
order and close the case.
SO ORDERED.
____________________________
Steven J. MCAuliffe
United States District Court
Date: July 6, 2017
cc: Eric B. Sackie, pro se
Thomas P. Velardi, Esq.
T. David Plourde, AUSA
Case 1:17-cv-00005-SM Document 18 Filed 07/06/17 Page 2 of 2