WITHERSPOON v. SGT. OF NEW JERSEY TRANSIT POLICE

Filing 2

OPINION. Signed by Judge Stanley R. Chesler on 10/28/14. (jd, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY
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DESMOND WITHERSPOON,
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Plaintiff,
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v.
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SGT. OF NEW JERSEY TRANSIT POLICE,
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Defendant.
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__________________________________________:

Civil Action No. 14-6517 (SRC)

OPINION

CHESLER, District Judge
THIS MATTER comes before the Court on its own motion to dismiss the Complaint for
failure to state a claim on which relief may be granted, pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
Because pro se Plaintiff Desmond Witherspoon has applied to proceed in forma pauperis, § 1915
authorizes this Court, on its own motion, to dismiss a complaint which fails to state any valid
claim for relief.
As stated, § 1915 authorizes this Court, on its own motion, to dismiss a complaint which
fails to state any valid claim for relief. This requires examination of the Complaint to determine
whether it is valid under Federal Rule of Civil Procedure 12(b)(6). Rule 12(b)(6) requires that a
Complaint articulate “enough facts to state a claim to relief that is plausible on its face.” Bell
Atl. Corp. v. Twombly, 127 S. Ct. 1955, 1974 (2007). “While a complaint attacked by a Rule
12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff’s obligation to
provide the ‘grounds’ of his ‘entitle[ment] to relief’ requires more than labels and conclusions,

and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 127 S. Ct.
at 1964-65 (internal citations omitted); see also FED. R. CIV. P. 8(a)(2). “Factual allegations
must be enough to raise a right to relief above the speculative level on the assumption that all the
allegations in the complaint are true (even if doubtful in fact).” Id. at 1965 (internal citations
omitted).
The Complaint does not state any valid claim for relief, as it does not appear to assert in
any coherent form either a claim or any facts which could be the basis for a claim against the
named defendant. It does not contain a short and plain statement of the basis for jurisdiction, as
required by Federal Rule of Civil Procedure 8(a). The statement of the claim contains only a few
conclusory words, such as “Harassment.” No facts have been pled. This Court cannot discern
from the Complaint any facts to make plausible a legally valid claim for relief. As such, the
Complaint will be dismissed without prejudice.

s/ Stanley R. Chesler
Stanley R. Chesler, U.S.D.J.

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