Michael F. Messina, Jr. v. Northern NH Correctional Facility, Warden, et al

• Court: District Court, D. New Hampshire
• Decided: March 20, 2026
• Docket: 1:19-cv-00539
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Michael F. Messina, Jr.

v. Case No. 19-cv-539-SM

Northern NH Correctional Facility, Warden, et al

ORDER

No objection having been filed, I herewith approve the Report and Recommendation of Magistrate Judge Andrea K. Johnstone dated February 20, 2026, for the reasons set forth therein. “‘[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, 1 Rules Governing Habeas Corpus Cases Under Section 2254; First Cir. LR 22.0. The clerk of court shall enter judgment and close the case. So Ordered.

oe even J.fMcAuliffe United States District Judge Date: March 20, 2026 CC: Michael F. Messina, Jr., pro se Counsel of Record