WITHERSPOON v. THE POLICE DEPARTMENT(NEWARK)
OPINION. Signed by Judge Stanley R. Chesler on 1/30/2015. (anr)
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
THE POLICE DEPARTMENT
Civil Action No. 15-591 (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 “Unfair Business Practice” and makes
a demand for “Handgun; shotgun; machine gun” and some other illegible item. 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 30, 2015
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