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noting that an inmate's argument that he “did not want to” do the assigned task did not control whether his injuries were potentially compensable under the IACA
Summary of this case from Rodriguez v. United StatesOpinion
Civil No. 14-cv-184-JL
12-10-2014
Charles Dean v. United States of America
Charles Dean, Pro se cc: Robert J. Rabuck, AUSA
ORDER
No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated November 12, 2014. "'[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.
/s/_________
Joseph N. Laplante
Chief Judge
Date: December 10, 2014
Charles Dean, Pro se
cc: Robert J. Rabuck, AUSA