WITHERSPOON v. HYATT
OPINION. Signed by Judge Stanley R. Chesler on 1/12/15. (DD, )
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. 15-133 (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). The Complaint states as its cause of action “19:86-120 Limitations of Action:
Tolling.” The Court cannot discern what legal claim Plaintiff is even trying to assert, and the
Complaint alleges no facts at all. 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 12, 2015
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