Ferrera v. Fisher et al
| Oscar Baide Ferrera |
| Brian Fisher, Lester Wright, Karl Koenigsman, Chakravorty, Paolano, Maw, Qlam and Department of Correction and Community Supervisors, Directors and bad officers |
| 1:2013cv03055 |
| May 6, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Engelmayer |
| Prisoner: Prison Condition |
| 42 U.S.C. ยง 1983 Prisoner Civil Rights |
| None |
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The following documents for this case are available for you to view or download:
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Filing
98
OPINION & ORDER. The Court has received a letter from pro se plaintiff Oscar Baide Ferrera. Dkt. 96. The Court is sorry to hear that Mr. Ferrera continues to suffer from medical conditions and other problems. However, this case was closed on April 1, 2014. Dkt. 87-88. As the Court explained in its Opinion and Order on that date, Mr. Ferrera's claims had to be dismissed for two reasons. First, Mr. Ferrara had fully litigated some of his claims in earlier cases, and the doctrine of res j udicata prevents a person from re-litigating the same claims simply because he disagrees with the outcome. Dkt. 87, at 6. Second, the statute of limitations required Mr. Ferrera to file his claims within three years, and so Mr. Ferrera's compl aint of injuries in 2002 and 2004 was filed many years too late. Dkt. 87, at 7-8. The Court is therefore unable to grant Mr. Ferrera's request for a hearing or jury trial. If Mr. Ferrera has new claims - about injuries that occurred within the applicable statute of limitations and were not addressed in a prior case - he is at liberty to file a new complaint. Mr. Ferrera can address any questions about that process to the pro se office at 212-805-0175. (Signed by Judge Paul A. Engelmayer on 1/23/2015) (lmb)
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Filing
87
OPINION & ORDER re: 58 MOTION to Dismiss filed by Karl Koenigsman, Qlam, Brian Fisher, Chakravorty, Paolano, Lester Wright. For the foregoing reasons, defendants' motion to dismiss is granted. Ferrera's pending requests for pro bono couns el are denied as moot and because his case does not "seem[ ] likely to be of substance." Hodge v. Police Officers, 802 F.2d 58, 61 (2d Cir. 1986). The Clerk of Court is respectfully directed to close this case, and to terminate all pending motions. The Court appreciates that Ferrera has written it many heartfelt letters, and it does appears likely that, as claimed, Ferrera suffers from significant physical impairments. But the Court is a servant of the law. The Court cannot create or i mpose remedies that the law does not authorize.With that said, Ferrera's many letters have made it apparent to the Court that, although efforts have clearly been made to tend to Ferrera's mental health problems, see Ferrera I, Ferrera is fa r from well. Whether Ferrera's various conditions are remediable by medical personnel is beyond this Court's ability to assess. The Court respectfully suggests, however, that a qualified official within DOCCS examine Ferrera's medical records to see if more can be done to tend to his medical needs. The Court asks Corporation Counsel to convey this message to the appropriate DOCCS official. (Signed by Judge Paul A. Engelmayer on 4/1/2014) (cd)
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