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Lewis v. Warden, Federal Correctional Institution, 16-cv-188-LM. (2018)

Court: District Court, D. New Hampshire Number: infdco20180227b34 Visitors: 3
Filed: Feb. 26, 2018
Latest Update: Feb. 26, 2018
Summary: ORDER LANDYA B. McCAFFERTY , District Judge . No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated January 30, 2018, and grant the petition for a writ of habeas corpus, and direct the BOP to credit Lewis's sentence for the time spent in custody between April 16, 2009 and January 1, 2010. "`[O]nly those issues fairly raised by the objections to the magistrate's report are subject to review in the district court and tho
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ORDER

No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated January 30, 2018, and grant the petition for a writ of habeas corpus, and direct the BOP to credit Lewis's sentence for the time spent in custody between April 16, 2009 and January 1, 2010. "`[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).

Source:  Leagle

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