WITHERSPOON v. DIAZ

Filing 2

OPINION. Signed by Judge Stanley R. Chesler on 1/9/15. (DD, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

DESMOND WITHERSPOON,
Plaintiff,
v.
LUNA DIAZ,
Defendant.

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Civil Action No. 14-7241 (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, Plaintiff states as his cause of action simply “Soliciting Sex, Sexual Abuse.”
No further information is provided. As such, Plaintiff has failed to state a basis for federal
subject matter jurisdiction, and he has failed 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: January 9, 2015