WITHERSPOON v. RED LOBSTER

Filing 2

OPINION. Signed by Judge Stanley R. Chesler on 12/30/2014. (nr, )

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
:
:
DESMOND WITHERSPOON,
:
Plaintiff, :
:
v.
:
:
RED LOBSTER,
:
Defendant. :
:
:

Civil Action No. 14-7939 (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 demands damages based on a cause of action of “Prejudice.” 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: December 30, 2014