WITHERSPOON v. SMART CAR ALLIANCE
OPINION fld. Signed by Judge Stanley R. Chesler on 1/30/15. (sr, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
SMART CAR ALLIANCE,
Civil Action No. 15-60 (SRC)
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 the remedy of compensation based on a cause of action of
“Tolling: Limitations of Action.” 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 30, 2015
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