Opinion
Civil Action No. 15-0264 (SRC)
01-21-2015
DESMOND WITHERSPOON, Plaintiff, v. BATCAVE STUDIO'S, Defendant.
NOT FOR PUBLICATION
CLOSED
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, Plaintiff filed a "Proposal" or "Motion." Even construing the document as a Complaint, Plaintiff demands from Batcave Studio's in Philadelphia, PA, a reorganization plan with Plaintiff as Executive Engineer and "Benefits: Professionalism." 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. Dated: January 21, 2015
s/Stanley R. Chesler
STANLEY R. CHESLER
United States District Judge