WITHERSPOON v. SONAR PRODUCTIONS

Filing 2

OPINION re 1 Complaint filed by DESMOND WITHERSPOON. Signed by Judge Stanley R. Chesler on 10/20/214. (dr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

DESMOND WITHERSPOON,
Plaintiff,
v.
SONAR PRODUCTIONS,
Defendant.

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Civil Action No. 14-6298 (SRC)

OPINION

CHESLER, District Judge
This matter comes before the Court on the application filed by Plaintiff Desmond
Witherspoon to proceed in forma pauperis without fees under 28 U.S.C. § 1915. The Court finds
that Plaintiff qualifies for in forma pauperis status, yet his Complaint will be dismissed. The
Court must examine Plaintiff’s claim and dismiss it if frivolous or legally insufficient. 28 U.S.C.
§ 1915(e)(2). Here, without providing any information, Plaintiff claims he is entitled to “un-paid
wages” from Sonar Productions. Plaintiff submitted the same claim against the same Defendant
in Civil Action No. 14-5646. The Court dismissed that claim because Plaintiff failed to state a
basis for federal subject matter jurisdiction. This Complaint suffers from the same deficiency.
Plaintiff also appealed the disposition in that case. This Complaint is therefore duplicative, and
it fails to state a facially plausible claim for relief. For the reasons provided in the Opinion for
Civil Action No. 14-6296, Plaintiff is on notice that he may be sanctioned if he continues to file
unsubstantiated and repetitive lawsuits. An appropriate Order will be filed.
s/Stanley R. Chesler
STANLEY R. CHESLER
United States District Judge
Dated: October 20, 2014