WITHERSPOON v. VIBE MAGAZINE
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.
VIBE MAGAZINE,
Defendant.
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Civil Action No. 14-7941 (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). The Complaint states as its cause of action “prejudice” and cites 28 U.S.C. § 144,
which provides a mechanism for a party to a proceeding to file an affidavit giving reasons why
the judge assigned to the case is, in the party’s view, biased or prejudiced. It does not constitute
a private cause of action. Moreover, the Complaint fails to allege a single fact regarding
Defendant Vibe Magazine. 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
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