WITHERSPOON v. WITHERSPOON

Filing 2

OPINION re 1 Complaint Received. Signed by Judge Stanley R. Chesler on 10/20/14. (dr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

DESMOND WITHERSPOON,
Plaintiff,
v.
DESMOND M. WITHERSPOON,
Defendant.

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Civil Action No. 14-6314 (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 Desmond M. Witherspoon. Plaintiff submitted the same claim against the same
Defendant in Civil Action Nos. 14-5642 and 14-6296. The Court dismissed those claims for
failing to state a basis for federal subject matter jurisdiction and for failing to state a facially
plausible claim for relief. This Complaint suffers from the same deficiency, and it is duplicative.
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