Cohen v. United States of America
- Nelson Roman
- 7:23-cv-08099
- U.S. District Court · Southern District of New York
- 2
In Cohen v. United States, Judge Roman granted the respondent’s request to delay its response to Cohen’s medical-care petition until May 27, 2024.
Jeffrey Cohen and the respondent warden J.L. Jamison; the order extended the respondent’s deadline to respond to Cohen’s petition until May 27, 2024.
What happened
In Cohen v. United States, pro se petitioner Jeffrey Cohen sought medical treatment through a petition challenging his care while incarcerated. The petition requested back-pain testing and possible surgery, a sleep-apnea study, and Wegovy for weight loss.
The respondent reported that Cohen had been scheduled for a neurosurgery consultation, remained eligible for a sleep study that would be scheduled after a new provider was arranged, and had received Ozempic, which has the same active ingredient as Wegovy. The respondent asked to delay its response because completing these steps might resolve the petition and make it moot.
Judge Nelson S. Roman granted the respondent’s request. The court set May 27, 2024, as the deadline for the respondent’s response and directed the Clerk to terminate the motion listed at ECF No. 22. The order did not decide the merits of Cohen’s medical-care claims.
The detailed version
- Cohen v. United States of America · No. 7:23-cv-08099
- Nelson Roman
- May 2, 2024
Background
Jeffrey Cohen, proceeding without a lawyer, filed a petition under 28 U.S.C. § 2241 concerning medical care while he was incarcerated at FCI Otisville. The petition sought diagnostic tests and possible surgery for back pain, a sleep-apnea study, and the weight-loss medication Wegovy. Cohen also asserted negligence claims for damages against the United States under the Federal Tort Claims Act, but the United States stated that it had not yet been properly served and was appearing at this stage only regarding the petition.
Respondent’s Request
The respondent, identified in the filing as warden J.L. Jamison, reported that FCI Otisville had performed or scheduled additional medical services. Cohen had been scheduled for a neurosurgery consultation on May 1, 2024. He had been screened again for a sleep study on April 10 and continued to meet the criteria, although the study still needed to be scheduled after Otisville arranged a new contract provider. He had also recently been prescribed Ozempic, which the respondent stated has the same active ingredient as Wegovy.
The respondent asked the court to hold the petition in abeyance for a month and indicated that it would likely seek dismissal if the requested care made the petition moot, meaning no live dispute remained. The filing also stated that the respondent did not believe the requested relief was warranted because treatment had been provided and Cohen could not show deliberate indifference to his medical needs. Those assertions were not decided in this order.
Court’s Action
The court stated: “Respondent’s request is GRANTED.” It set May 27, 2024, as the deadline for the respondent to respond to the petition. The Clerk was directed to mail the endorsement to Cohen, show service on the docket, and terminate the motion at ECF No. 22. The order addressed timing and case administration; it did not decide whether Cohen was entitled to medical relief, whether the petition was moot, or whether the respondent had been deliberately indifferent.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.