Delgado v. The People of the State of New York
- Clarke
- 7:24-cv-09071
- U.S. District Court · Southern District of New York
- 3
In Delgado v. Russo, Judge Clarke denied Delgado’s protective-order application, closed the matter, and directed the clerk to terminate the motion.
Joleen Delgado’s request for a protective order against Judge Kevin Russo was denied, and the matter was closed.
What happened
In Joleen Delgado v. Judge Kevin Russo, Delgado asked the federal court for a protective order after she said Russo continued communicating with her about a case she believed had been transferred to federal court.
Delgado alleged that the communications were unauthorized intimidation, harassment, retaliation, and obstruction of justice. She sought an order barring further contact, a declaration that Russo lacked authority over the removed case, enforcement measures, and a referral for possible criminal investigation.
Judge Jessica G. L. Clarke denied the application, stated that the matter was closed, directed the clerk to terminate ECF No. 10, and ordered the case closed. The opinion does not give a reason for the denial.
The detailed version
- Delgado v. The People of the State of New York · No. 7:24-cv-09071
- Clarke
- Mar. 3, 2025
Background
Joleen Delgado filed a motion for a protective order against Judge Kevin Russo. The motion stated that Delgado had attempted to remove a case from Rockland County Court to federal court under federal removal statutes. Delgado alleged that, despite service of a notice of removal, Russo continued communicating with her about the removed case.
Arguments and requested relief
Delgado characterized the communications as unlawful intimidation, harassment, and retaliation under color of law. She invoked several federal statutes and legal authorities, including the federal civil-rights statute, the All Writs Act, and criminal statutes concerning deprivation of rights, conspiracy against rights, and obstruction of justice. These were Delgado’s allegations and legal arguments; the order does not state that the court adopted them.
Delgado asked the court to prohibit Russo from further direct or indirect communication with her about the removed case; enjoin intimidation, harassment, or retaliation against her or her family; declare that Russo had no jurisdiction over the removed case; issue enforcement measures to protect the federal court’s jurisdiction; and refer the matter to the United States Attorney’s Office for investigation.
Ruling
Judge Jessica G. L. Clarke entered the order on March 3, 2025. The order states: “Application DENIED. This matter is closed.” It also directs the Clerk of Court to terminate ECF No. 10 and close the case. The opinion does not explain the basis for denying the application or otherwise decide the underlying allegations.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.