YOUSSEF v. MEDICAL CENTER, 06-5620-cv (2nd Cir. 10-31-2008)

ABDELBASET A. YOUSSEF, Plaintiff-Appellant, v. JAMAICA HOSPITAL MEDICAL CENTER, Defendant-Appellee.

No. 06-5620-cv.United States Court of Appeals, Second Circuit.
October 31, 2008.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Appeal from the United States District Court for the Eastern District of New York (Gleeson, J.).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED
that the judgment of the District Court be Affirmed.

Appeal from dismissal by the United States District Court for the Eastern District of New York (Gleeson, J.) of appellant’s anti-discrimination claim for failure to state a claim upon which relief could be granted. We agree with the district court that appellant’s claims of discrimination that occurred prior to August 18, 2002, are time barred, the appellant should not be entitled to equitable tolling, and the surviving claim lacks merit. We also hold that the district court did not abuse its discretion in denying requests for additional discovery and amended pleading, and the appellant’s claim regarding the district court’s comments about his chances of success lacks merit. Accordingly, we affirm.

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Appearing for Plaintiff-Appellant: ABDELBASET A. YOUSSEF, pro se, Inkster, Mi.

Appearing for Defendant-Appellee: CELENA R. MAYO, (Ricki E. Roer, on the brief), Wilson, Elser, Moskowitz, Edelman Dicker LLP, New York, NY 10017

Present: HON. RICHARD C. WESLEY, HON. PETER W. HALL, Circuit Judges
HON. LOUIS F. OBERDORFER[1] District Judge.

[1] The Honorable Louis F. Oberdorfer, United States District Court for the District of Columbia, sitting by designation.

The court dismissed Youssef’s pre-August 18, 2008 claims as time barred because the alleged incidents occurred more than three hundred days before Youssef filed his claim with the New York State Division of Human Rights (“NYSDHR”). He was not entitled to equitable tolling because there was no evidence Youssef was previously barred from bringing a claim before the NYSDHR. Furthermore, the one surviving allegation was without merit because there

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was no evidence Jamaica Hospital discriminated against Youssef on the basis of his previous heart attacks, and there was no evidence of a hostile work environment. Youssef’s additional claims are without merit.

Accordingly, the judgment of the District Court is hereby AFFIRMED.

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