IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JUAN DELGADO, ) Petitioner, ) C.A. No. 19-225 Erie ) v. ) District Judge Susan Paradise Baxter ) Magistrate Judge Richard A. Lanzillo WARDEN OF FCI MCKEAN, ) Respondent. )

MEMORANDUM ORDER This action for habeas corpus relief was received by the Clerk of Court on August 13, 2019. In his habeas petition, Petitioner seeks relief under

, pursuant to the “savings clause” of 28 U.S.C. 2255(e), which allows a federal prisoner to challenge the validity of his underlying conviction where it “appears that the remedy by [§2255 petition] is inadequate or ineffective to test the legality of his detention.” The petition was referred to United States Magistrate Judge Richard A. Lanzillo, for report and recommendation in accordance with the Magistrate Judges Act,

(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges. On April 23, 2020, Magistrate Judge Lanzillo issued a Report and Recommendation (“R&R”) recommending that the petition be dismissed because it fails to satisfy the requirements of

(e). [ECF No. 11]. In particular, Judge Lanzillo concluded that Petitioner has failed to claim that he was convicted of conduct that was subsequently decriminalized by a change in the law, which is the first of two conditions that must be satisfied by a federal prisoner in order to take advantage of § 2255’s savings clause under In re Dorsainvil,

(3d Cir. 1997) (Id. at p. 6). Petitioner has not filed any Objections to the R&R. Thus, after de novo review of the petition and documents in the case, together with the report and recommendation, the following order is entered: AND NOW, this 19th day of May, 2020, IT IS HEREBY ORDERED that the within petition for a writ of habeas corpus is DISMISSED, with prejudice, and the report and recommendation of Magistrate Judge Lanzillo,

issued on April 23, 2020 [ECF No. 11], is adopted as the opinion of this Court. As there are no further matters pending before the Court relative to the instant petition, the Clerk is directed to mark this case “CLOSED.”

_____________________________ SUSAN PARADISE BAXTER United States District Judge

cc: The Honorable Richard A. Lanzillo United States Magistrate Judge

All parties of record