WITHERSPOON v. BEHRINGER USA, INC. MUSIC
OPINION. Signed by Judge Stanley R. Chesler on 1/21/15. (DD, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
BEHRINGER USA, INC. MUSIC,
Civil Action No. 15-0136 (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 A “120 channel mixer” from Behringer in Bothell, WA,
for a cause of action “Tolling Limitation of Action; 19.86-120.” No further information is
provided. As such, Plaintiff has failed to state a basis for federal subject matter jurisdiction and
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 21, 2015
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