Wasserman v. United States

2010 DNH 024

• Court: District Court, D. New Hampshire
• Decided: February 10, 2010
• Docket: 10-CV-032-SM
• Status: Published

Opinion

Wasserman v . United States 10-CV-032-SM 02/10/10 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Deborah Wasserman, Petitioner

v. Civil N o . 10-cv-32-SM Opinion N o . 2010 DNH 024 United States of America, Government

O R D E R

Petitioner seeks sentence relief under the provisions of

28 U.S.C. § 2255. The petition is arguably untimely as it was

filed more than one year after judgment became final. Within the

limitations period, however, petitioner’s husband filed the

petition, ostensibly on her behalf, and she now seems to adopt

that prior filing as her own act. The motion to extend time to

file the petition, docketed in 02-cr-153-15-SM (document n o .

4 3 3 ) , shall be re-docketed in this case, and that motion is

granted.

Assuming, without deciding, that the petition is timely, it

must still be dismissed. Petitioner makes no assertion that her

conviction or sentence was imposed in violation of the

Constitution or laws of the United States, or that the court was

without jurisdiction to impose such sentence, or that the

sentence was in excess of the maximum authorized by law, or is

otherwise subject to collateral attack. 28 U.S.C. § 2255(a). The files and records of the case conclusively show that the

prisoner is entitled to no relief, that the sentence imposed was

authorized by law, and that there has been no denial or

infringement of the constitutional rights of the defendant.

Petitioner’s complaints, although brought under Section

2255, are actually directed at the conditions of her confinement,

and do not challenge the legality of her sentence. She asserts,

essentially, that prison staff have demonstrated deliberate

indifference to her serious medical needs, and she makes specific

points with respect to her diabetes condition. If her claims are

valid, relief can be had through available Bureau of Prisons

administrative procedures, o r , failing that, in a civil action

against those persons denying her necessary medical care (see 42

U.S.C. § 1983), but not in a petition under Section 2255.

The petition is dismissed. The court declines to issue a

certificate of appealability (see Rule 11(a), Rules Governing

Section 2255 Proceedings). The clerk shall close the case.

SO ORDERED.

February 1 0 , 2010

cc: Deborah Wasserman, pro se Aixa Maldonado-Quinones, Esq.