Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jack Higgins v. Warden

June 29, 2012

JACK HIGGINS
v.
WARDEN, NEW HAMPSHIRE STATE PRISON



The opinion of the court was delivered by: Steven J. McAuliffe United States District Judge

ORDER

I herewith approve the Reports and Recommendations of Magistrate Judge Landya B. McCafferty dated February 1, 2012, and June 6, 2012, no objections having been filed, fort the reasons set forth therein. Petitioner's Complaint (document no. 1) is hereby dismissed, and his Motion to Amend Petition (document no. 6) is hereby denied.

" '[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). 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.

SO ORDERED.

cc:

20120629

© 1992-2012 VersusLaw ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.