WITHERSPOON v. ECSTASY LIMOUSINE
OPINION. Signed by Judge Stanley R. Chesler on 1/21/15. (DD, )
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. 15-0226 (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 “$25,000 or equivalent services” from Ecstasy Limousine
for a cause of action “19.86.120 Limitation of actions: Tolling 28 U.S.C. 144.” No further
information is provided. As such, Plaintiff 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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