Bollers v. Department of Corrections OBCC

Filing 5

ORDER DISMISSING CASE: For the reasons stated in the attached Order, the action is dimissed without prejudice. The Clerk of the Court is respectfully requested to enter judgment and to mail this order to the address of record and to: Mr. Steve Bulle rs, #888-13-00344, AMKC, 18-18 Hazen Street, East Elmhurst, NY 11370. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore in forma pauperis status is denied for the purpose of any appeal. Ordered by Judge John Gleeson on 12/2/2014. (Ross, Peter)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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STEVE BOLLERS JR.,
Plaintiff,

ORDER

-against14-CV-5050 (JG)(LB)
DEPARTMENT OF CORRECTIONS OBCC,
Defendant.
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JOHN GLEESON, United States District Judge:
On August 22, 2014, plaintiff Steve Bollers, Jr., who was then detained at
Bellevue Hospital, filed this pro se action alleging that he was sprayed with mace at Rikers
Island on July 6, 2014. Bollers’s submission did not include the requisite filing fee or in forma
pauperis (“IFP”) application and the Prisoner Authorization form. By letter dated August 26,
2014, Bollers was provided with the proper forms and instructed that in order to proceed, he
must either pay the $400 filing fee or return the completed IFP application and the Prisoner
Authorization form within 14 days from the date of the letter. Bollers did not respond to the
Court=s letter. Because it appeared from New York City Department of Correction records that
he had been moved to Rikers Island, Bollers was given 14 additional days to submit either the
filing fee or his request to proceed IFP with the Prisoner Authorization form; a copy of the Order
was mailed to Bollers’s address at Rikers. Plaintiff has not responded to the Order and the time
for doing so has passed.
Accordingly, the action is dismissed without prejudice. The Clerk of
Court is respectfully requested to enter judgment and to mail this order to the address of record
and to: Mr. Steve Bullers, #888-13-00344, AMKC, 18-18 Hazen Street, East Elmhurst, NY
1

11370.1 The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be
taken in good faith and therefore in forma pauperis status is denied for the purpose of any
appeal. Isasi v. U.S. Gov., 112 F. App’x. 120, 121 (2d Cir. 2004).
SO ORDERED.

____________________________________
John Gleeson
United States District Judge
Dated:

December 2, 2014
Brooklyn, New York

1
A search of the plaintiff’s inmate number reveals contact information for “Steve Bullers” as opposed to
“Steve Bollers.” See Inmate Lookup, NYC Department of Correction, http://a073-ils-web.nyc.gov/inmatelookup/
ils/pages/common/find.jsf (last visited Nov. 18, 2014).

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