Beltran Cardona v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Luis Beltran Cardona
v.
FCI Berlin, Warden
Case No. 1:23-cv-59-PB-AJ
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated December 28, 2023. 	To the extent the petitioner, in either
Document No. 8 or Document No. 9, seeks relief other than the denial
of the respondent's summary judgment motion, I deny such relief,
without prejudice to the petitioner's ability to seek asylum by filing
an application with an Immigration Judge, the Board of Immigration
Appeals, or other appropriate forum.
“‘[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).
____________________________
Paul J. Barbadoro
United States District Judge
Date: January 22, 2024
cc: Counsel of Record
Luis Beltran Cardona, pro se
/s/Paul Barbadoro
Case 1:23-cv-00059-PB-AJ Document 11 Filed 01/22/24 Page 1 of 1