WITHERSPOON v. STATE OF NEW JERSEY

Filing 2

OPINION. Signed by Judge Stanley R. Chesler on 9/17/2014. (ld, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

DESMOND WITHERSPOON,
Plaintiff,
v.
STATE OF NEW JERSEY,
Defendant.

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Civil Action No. 14-5645 (SRC)

OPINION

CHESLER, District Judge
This matter comes before the Court on the application filed by Plaintiff Desmond
Witherspoon (“Plaintiff” or “Witherspoon”) to proceed in forma pauperis without prepayment of
fees, pursuant to 28 U.S.C. § 1915. Based on Plaintiff’s affidavit of indigence, the Court finds
that Plaintiff qualifies for in forma pauperis status pursuant to 28 U.S.C. § 1915 and will direct
that the Complaint be filed. However, the Complaint must be dismissed for lack of subject
matter jurisdiction.
The Court has an independent obligation to satisfy itself of subject matter jurisdiction
over an action. Liberty Mut. Ins. Co. v. Ward Trucking Corp., 48 F.3d 742, 750 (3d Cir. 1995).
The Complaint contains absolutely no information at all. It merely states that the “cause of
action” asserted against the State of New Jersey consists of a “refusal to give ori number.”
According to the Federal Bureau of Investigation’s website, an “ORI” or “Originating Agency
Identification” Number is “[a] nine-character identifier assigned to an agency.” The Complaint
fails to plead any basis for federal subject matter jurisdiction. The Court must dismiss the action
pursuant to Federal Rule of Civil Procedure 12(h)(3).

An appropriate Order will be filed.

s/Stanley R. Chesler
STANLEY R. CHESLER
United States District Judge
Dated: September 17, 2014

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