WITHERSPOON v. WITHERSPOON, No. 2:2014cv06314 - Document 2 (D.N.J. 2014)

Court Description: OPINION re 1 Complaint Received. Signed by Judge Stanley R. Chesler on 10/20/14. (dr, )

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WITHERSPOON v. WITHERSPOON Doc. 2 UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY : : : Plaintiff, : v. : : : DESMOND M. WITHERSPOON, : Defendant. : : : DESMOND WITHERSPOON, Civil Action No. 14-6314 (SRC) OPINION 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, without providing any information, Plaintiff claims he is entitled to un-paid wages from Desmond M. Witherspoon. Plaintiff submitted the same claim against the same Defendant in Civil Action Nos. 14-5642 and 14-6296. The Court dismissed those claims for failing to state a basis for federal subject matter jurisdiction and for failing to state a facially plausible claim for relief. This Complaint suffers from the same deficiency, and it is duplicative. 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: October 20, 2014 Dockets.Justia.com

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