BOYER v. C.M.S., et al

Filing 61

OPINION filed. Signed by Judge Anne E. Thompson on 11/24/2015. (eaj)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
ANDRE BOYER,

Civil Action No. 97-3268 (AET-LHG)

Plaintiff,

v.

OPINION

CORRECTIONAL MEDICAL
SERVICES, et al.,

RECEIVt:D
NOV 2 4 2015

Defendants.

Thompson, District Judge
1.

AT8:30
_
WILLIAM T. WALSH
CLERK

M

On June 24, 1997, Plaintiff Andre Boyer filed a pro se complaint in this Court.

(ECFNo. 1).
2.

The Honorable Garrett E. Brown, Jr., D.N.J., after appointing pro bono counsel

for Plaintiff, denied Defendants' motion to dismiss the complaint and administratively
terminated the complaint on June 2, 1998. (ECF. Nos. 26, 28).
3.

Over ten years later, Plaintiff began writing to the Court requesting to reopen his

case. (ECF Nos. 32-33).
4.

Chief Judge Brown denied Plaintifrs request on November 18, 2009, as Plaintiff

had not set forth a valid basis for reopening the case. (ECF No. 34).
5.

The Order also. informed Plaintiff that if he wanted to pursue relief in this Court

"for alleged violation of his constitutional rights by persons acting under color of state law, he
may do so by filing a new complaint ...." (ECF No. 34). The Court instructed the Clerk of the
Court to provide Plaintiff with a blank civil rights complaint form and application to proceed in
forma pauperis.

6.

Since that Order, Plaintiff and others on his behalfhave written over twenty (20)

letters to the Court seeking to reopen the original complaint.
7.

This matter having been reassigned to this Court, Plaintiff is advised that this

complaint is closed and shall not be reopened.
8.

IfPlaintiff would like to pursue alleged violations of his constitutional rights, he

may do so by filing a new complaint. The Clerk of the Court shall be instructed to provide
Plaintiff with a blank civil rights complaint form and application to proceed in forma pauperis.
9.

Plaintiff may reapply for the appointment of counsel in the event he elects to file a

new complaint.
10.

Plaintiff is further advised that the Court will not respond to any further letters

filed in this action. He must file a new complaint, to be assigned a new docket number, if he
would like to pursue any further federal claims.
11.

An appropriate Order follows.

ANNE E. THOMPSON
U.S. District Judge

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