Delancey v. Lee

Filing 20

ORDER ADOPTING REPORT AND RECOMMENDATION: Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has reviewed the R&R for clear error. Finding none, the Court adopts the R&R in its entirety. See Covey v. Simonton , 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, it isORDERED that the instant petition for a writ of habeas corpus is denied and this action is dismissed. A certificate of appealability shall not issue because Delancey has not made a substan tial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). The Clerk of Court is directed to enter judgment in accordance with this Memorandum and Order, mail a copy of the judgment and this Memorandum and Order to Delancey, to note that mailing on the docket sheet, and to close this case. Ordered by Chief Judge Roslynn R. Mauskopf on 6/10/2020. (Taronji, Robert)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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ROGER DELANCEY,
Petitioner,
- against -

ORDER ADOPTING REPORT
AND RECOMMENDATION
15-CV-891 (RRM) (CLP)

WILLIAM LEE, Superintendent of Green
Haven Correctional Facility,
Respondent.
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ROSLYNN R. MAUSKOPF, Chief United States District Judge.
On January 26, 2015, petitioner Roger Delancey, proceeding pro se, commenced this
action by filing a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. By order dated
May 24, 2019, the Court referred Delancey’s petition for writ of habeas corpus to Chief
Magistrate Judge Cheryl L. Pollak for a report and recommendation (“R&R”). On November 4,
2019, Chief Magistrate Judge Pollak issued her R&R. (Doc. No. 19). In a thorough R&R, she
recommended that the petition for writ of habeas corpus be denied in its entirety. She also
advised the parties that any objections to the R&R had to be filed with the Clerk of Court within
14 days of receipt of the R&R. She directed the Clerk to send a copy of the R&R to the parties
electronically through the ECF system or by mail. On November 4, 2019, the R&R was mailed
to Delancey. To date, neither of the parties have filed any objections to the R&R.
Pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72, the Court has
reviewed the R&R for clear error. Finding none, the Court adopts the R&R in its entirety. See
Covey v. Simonton, 481 F. Supp. 2d 224, 226 (E.D.N.Y. 2007). Accordingly, it is
ORDERED that the instant petition for a writ of habeas corpus is denied and this action
is dismissed. A certificate of appealability shall not issue because Delancey has not made a

substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2). The
Clerk of Court is directed to enter judgment in accordance with this Memorandum and Order,
mail a copy of the judgment and this Memorandum and Order to Delancey, to note that mailing
on the docket sheet, and to close this case.
SO ORDERED.
Dated: Brooklyn, New York
June 10, 2020

Roslynn R. Mauskopf
____________________________________
ROSLYNN R. MAUSKOPF
Chief United States District Judge

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