Maitland v. FCI Berlin, Warden

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Jabulani Maitland
v.
FCI Berlin, Warden
Case No. 23-cv-74-SE
ORDER
No objection having been filed, I herewith approve the Endorsed
Report and Recommendation of Magistrate Judge Andrea K. Johnstone
dated March 5, 2024. For the reasons explained therein, the petition
is dismissed as moot; the respondent’s motion for summary judgment
(Doc. No. 6) is denied as moot; and the petitioner’s motion for
release (Doc. No. 14) is denied as moot.
“‘[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 clerk shall enter judgment and close this case.
____________________________
Samantha D. Elliott
United States District Judge
Date: March 20, 2024
Case 1:23-cv-00074-SE-AJ Document 20 Filed 03/20/24 Page 1 of 2

cc: Jabulani Maitland, pro se
Heather A. Cherniske, Esq.
Case 1:23-cv-00074-SE-AJ Document 20 Filed 03/20/24 Page 2 of 2